NASH v. BLACK

No. 85-1621.

781 F.2d 665 (1986)

Hiawatha NASH, Appellant, v. Lee Roy BLACK, David Blackwell, Dale Riley, Gerald T. Frey, Donna Kay Brown and Mike Curran, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 17, 1986.


Attorney(s) appearing for the Case

Robert Raleigh, St. Louis, Mo., for appellant.

John J. Oldenburg, Jr., Asst. Atty. Gen. of Jefferson City, Mo., for appellees.

Before HEANEY, FAGG and BOWMAN, Circuit Judges.


HEANEY, Circuit Judge.

Hiawatha Nash appeals from the district court's order dismissing his 42 U.S.C. § 1983 complaint. The district court dismissed Nash's pro se complaint as legally frivolous pursuant to 28 U.S.C. § 1915(d) before issuance of process. We affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.

I. BACKGROUND.

In 1972, Nash was convicted of rape, robbery, and sodomy, for which he...

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