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MASTRIAN v. SCHOEN

No. 83-1792.

725 F.2d 1164 (1984)

Norman MASTRIAN and Earl Guy on behalf of themselves and others similarly situated, Appellants, v. Kenneth F. SCHOEN, former Commissioner, Minnesota Department of Corrections; Jack G. Young, Commissioner, Minnesota Department of Corrections; Howard J. Costello, Assistant Commissioner, Policy and Planning, Minnesota Department of Corrections; Orville B. Pung, Assistant Commissioner, Department of Corrections, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 25, 1984.

Attorney(s) appearing for the Case

Robert J. Sorensen and Deborah Ellis, Thomson & Hawkins, St. Paul, Minn., for appellants.

Hubert H. Humphrey, III, Atty. Gen. of Minn., Richard L. Varco, Jr., Sp. Asst. Atty. Gen., St. Paul, Minn., for appellees Kenneth F. Schoen, Jack G. Young, Howard J. Costello and Orville B. Pung.

Before HEANEY, ROSS and FAGG, Circuit Judges.

PER CURIAM.

Norman Mastrian and Earl Guy appeal the district court's1 grant of summary judgment to officials of the Minnesota Department of Corrections. The appellants sued under 42 U.S.C. §§ 1983, 1985 & 1988, and the common law of conversion, alleging that an experimental "chargeback" program instituted at the Minnesota Correctional Facility at Lino Lakes, where they were prisoners, violated the equal protection and due...

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