BENZEL v. GRAMMER

Nos. 88-1827, 88-1828.

869 F.2d 1105 (1989)

Jeffrey BENZEL, Appellant, v. Gary GRAMMER, individually and as Warden of Nebraska State Penitentiary; Anthony Pacheco, individually and as Unit Manager of Housing Unit # 5 Nebraska State Penitentiary; Dennis I. Steeby, as Housing Unit # 5 Counsel and individually, Appellees. Jeffrey BENZEL, Appellee, v. Gary GRAMMER, individually and as Warden of Nebraska State Penitentiary; Anthony Pacheco, individually and as Unit Manager of Housing Unit # 5 Nebraska State Penitentiary; Dennis I. Steeby, as Housing Unit # 5 Counsel and individually, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 13, 1989.

Rehearing and Rehearing Denied May 4, 1989.


Attorney(s) appearing for the Case

Alan M. Thelen, Omaha, Neb., for appellant.

Susan M. Ugai, Asst. Atty. Gen., Lincoln, Neb., for appellees.

Before BOWMAN and MAGILL, Circuit Judges, and BATTEY, District Judge.


Rehearing and Rehearing En Banc Denied May 4, 1989.

MAGILL, Circuit Judge.

Jeffrey R. Benzel (Benzel), an inmate at the Nebraska State Penitentiary, brought this civil rights suit against three prison employees alleging that a prison telephone policy violated his first and fourteenth amendment rights. The telephone policy restricted outside phone calls by inmates in administrative segregation and detention, requiring them to submit a list of three persons...

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