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WAYNE v. NEUNEKER

No. CV-R-81-107-ECR.

622 F.Supp. 101 (1985)

David Richard WAYNE, Plaintiff, v. Max NEUNEKER, Superintendent, Nevada State Prison, Defendant.

United States District Court, D. Nevada.

October 15, 1985.

Attorney(s) appearing for the Case

Thomas E. Kotoske, Palo Alto, Cal., for plaintiff.

Richard Bryan, Office of the Atty. Gen., Crim. Div., by Brooke Nielsen, Deputy Atty. Gen., Carson City, Nev., for defendant.

ORDER

EDWARD C. REED, Jr., District Judge.

Plaintiff David Wayne filed this suit under 42 U.S.C. § 1983 alleging a violation of his Eighth Amendment rights. Defendant Max Neuneker counterclaimed alleging abuse of process and seeking damages for the hostage crisis which gave rise to this lawsuit. Pursuant to 28 U.S.C. § 636(b)(1)(B), Magistrate Phyllis Halsey Atkins held an evidentiary hearing. Both parties were present and represented by counsel...

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