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RUST v. GRAMMER

No. 87-2023.

858 F.2d 411 (1988)

John RUST, Donald M. Hurley, Jeffrey Benzel, C. Michael Anderson, Appellants, v. Gary GRAMMER, Individually and as Warden of Nebraska State Penitentiary; Harold W. Clarke, Individually and as Associate Warden of Custody; Angelo Vinci, Individually and as Adjustment Center Lieutenant, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 28, 1988.

Rehearing and Rehearing Denied November 2, 1988.

Attorney(s) appearing for the Case

Kenneth C. Stephan, Lincoln, Neb., for appellants.

Linda L. Willard, Asst. Atty. Gen., Lincoln, Neb., for appellees.

Before ARNOLD and WOLLMAN, Circuit Judges, and TIMBERS, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied November 2, 1988.

WOLLMAN, Circuit Judge.

John Rust, Donald M. Hurley, Jeffrey Benzel, and C. Michael Anderson appeal from a district court1 judgment in favor of Nebraska State Penitentiary officials (prison officials) in this civil rights action under 42 U.S.C. § 1983. We affirm.

On May 22, 1985, Warden Gary Grammer ordered a lockdown of the maximum security cells in the Nebraska...

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