FLITTIE v. ERICKSON

No. 83-1540.

724 F.2d 80 (1983)

Roger G. FLITTIE, Appellant, v. Jon R. ERICKSON, George Mickelson, Chairman and Harold Shunk, Member of the Board of Pardons & Paroles, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 28, 1983.


Attorney(s) appearing for the Case

David O. Carter, Sioux Falls, S.D., for appellees.

Michael J. Schaffer, Davenport, Evans, Hurwitz & Smith, Sioux Falls, S.D., for appellant.

Before BRIGHT, JOHN R. GIBSON and FAGG, Circuit Judges.


FAGG, Circuit Judge.

Roger Flittie, an inmate at the South Dakota State Penitentiary, filed suit under 42 U.S.C. § 1983 claiming he was deprived of a meaningful parole consideration at his hearing in August of 1982. The district court granted summary judgment in favor of defendant members and chairman of the South Dakota Board of Pardons and Paroles. A subsequent parole hearing afforded Flittie in April of 1983 renders his claims for injunctive and declaratory...

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