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DACE v. MICKELSON

No. 85-5126.

816 F.2d 1277 (1987)

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

United States Court of Appeals, Eighth Circuit.

Decided April 28, 1987.

Opinion on Denial of Rehearing June 19, 1987.

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 LAY, Chief Judge, HEANEY, ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, and MAGILL, Circuit Judges.

LAY, Chief Judge.

Troy Dace is serving two concurrent ten year sentences in the South Dakota State Penitentiary for aggravated assault and attempted rape. On January 27, 1984, Dace became eligible for parole and he appeared before the South Dakota Board of Pardons and Parole (the Board). The Board denied Dace's request for parole giving no reason for the denial.

Dace then brought this 42 U.S.C. § 1983 action in federal district court contending that the...

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