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LEE v. McMANUS

No. 82-3128.

589 F.Supp. 633 (1984)

Robert D. LEE, Plaintiff, v. Patrick D. McMANUS, Formerly Secretary, Kansas Department of Corrections; et al., Defendants.

United States District Court, D. Kansas.

June 28, 1984.

Attorney(s) appearing for the Case

Fred W. Phelps, Jr., Shirley Phelps-Roper, Phelps-Chartered, Topeka, Kan., for plaintiff.

Kenneth R. Smith, Asst. Kansas Atty. Gen., Topeka, Kan., Ethel Louise Bjorgaard, Lou Bjorgaard, Bonner Springs, Kan., for defendants.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This is a civil rights case filed pursuant to 42 U.S.C. § 1983 by an inmate in the Kansas State Penitentiary, Lansing, Kansas.

This court conducted evidentiary hearings in connection with this case on June 30 and September 17, 1982. These hearings dealt with plaintiff's motion for preliminary injunction. The court also has had the benefit of a Martinez Report [see Martinez v. Aaron,

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