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DACE v. MICKELSON

No. 85-5126.

797 F.2d 574 (1986)

Troy DACE, Appellant, v. George MICKELSON, Harold Shunk, and Jon Erickson, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 22, 1986.

Rehearing Granted October 28, 1986.

Attorney(s) appearing for the Case

Michael J. Schaffer, Sioux Falls, S.D., for appellant.

John W. Bastian, Asst. Atty. Gen., Pierre, S.D., for appellees.

Before ARNOLD and FAGG, Circuit Judges, and OLIVER, Senior District Judge.

ARNOLD, Circuit Judge.

Troy Dace, an inmate at the South Dakota State Penitentiary, brought this action under 42 U.S.C. § 1983 against the three members of the South Dakota Board of Pardons and Paroles. Dace contends that the Board has deprived him of liberty without due process by denying his application for parole without giving reasons. The District Court dismissed Dace's complaint for failure to state a claim, holding that Dace had no "liberty interest" in...

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