MESSIMER v. LOCKHART

No. 82-1481.

702 F.2d 729 (1983)

Eddy Ray MESSIMER, Stephen Hughes, Dennis Curtis, David Vickers, Billy Corbit, Jerry McKee, and all similarly situated, Appellants, v. A.L. LOCKHART, Director, Arkansas Department of Correction, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 25, 1983.


Attorney(s) appearing for the Case

Wendell L. Griffen, Little Rock, Ark., for appellants.

Steve Clark, Atty. Gen. by C.R. McNair, III, Asst. Atty. Gen., Little Rock, Ark., for appellee.

Before HEANEY, McMILLIAN and ARNOLD, Circuit Judges.


ARNOLD, Circuit Judge.

The plaintiffs, inmates confined in the Protective Custody Unit at the Cummins Unit of the Arkansas Department of Correction, appeal the dismissal of their civil rights complaint for failure to state a claim upon which relief can be granted. We reverse.

I.

We are initially confronted with the argument that the plaintiffs have waived their right to appeal. The complaint was filed on January 28, 1982. That same day, the Magistrate...

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