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DACE v. SOLEM

No. 87-5268.

858 F.2d 385 (1988)

Troy DACE, Appellant, v. Herman SOLEM, Warden, Dean Hinders, Richard Rist, Clifford Hoff, Associate Wardens, Dr. Michael Olson, Dr. Delbert Brown, South Dakota State Penitentiary, all sued in their individual and official capacities, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 19, 1988.

Attorney(s) appearing for the Case

Timothy M. Gebhart, Sioux Falls, S.D., for appellant.

Janine Kern, Asst. Atty. Gen., Pierre, S.D., for appellees.

Before BOWMAN and MAGILL, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

PER CURIAM.

Troy Dace appeals from the district court's dismissal of his complaint as frivolous. We reverse and remand for further proceedings.

I. BACKGROUND

Dace, a prisoner at the South Dakota State Penitentiary (Penitentiary), brought this pro se action under 42 U.S.C. § 1983, seeking monetary, declaratory, and injunctive relief. Dace was also granted permission to proceed in forma pauperis. He named as defendants the warden...

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