WELLS v. WALKER

No. 87-2547.

852 F.2d 368 (1988)

Sue WELLS, Administratrix of the Estate of Laverne Sanderlin, Deceased, Representing herself, Barbara Patton, John Sanderlin, Tom Sanderlin and the Estate of the Deceased; Sue Wells, Barbara Patton, John Sanderlin, and Tom Sanderlin, individually and as taxpayers of the State of Arkansas, Appellants, v. Woodson D. WALKER, Bobby L. Roberts, Ph.D., James L. Mason, all individually and in their official capacities as members of the Arkansas State Board of Correction; A.L. Lockhart, individually and in his official capacity as Director of the Arkansas Department of Correction; and Morris "Jit" H. Dreher and Donald H. Smith, in their capacities as members of the Arkansas State Board of Correction; and the Arkansas Department of Correction, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 26, 1988.

Rehearing Denied August 24, 1988.


Attorney(s) appearing for the Case

Charles Karr, Fort Smith, Ark., for appellants.

A. Carter Hardage, Asst. Atty. Gen., Little Rock, Ark., for appellees.

Before FAGG and MAGILL, Circuit Judges, and SNEED, Senior Circuit Judge.


FAGG, Circuit Judge.

Plaintiffs appeal the dismissal under Federal Rule of Civil Procedure 12(b)(6) of their 42 U.S.C. § 1983 action against the Director and an employee of the Arkansas Department of Correction (the Department) and members of the Arkansas State Board of Correction (the Board). See Wells v. Walker, 671 F.Supp. 624, 627 (E.D.Ark.1987). We affirm.

Larry Dean Robertson was released from Department...

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