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MUNZ v. NIX

No. 89-1030.

908 F.2d 267 (1990)

Thomas A. MUNZ, Appellant, v. Crispus C. NIX; Ronald G. Welder; Charles Harper; Kyle Bowden; David Babcock; and Charles W. Lee, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 5, 1990.

Attorney(s) appearing for the Case

Brian L. Wirt, Des Moines, Iowa, for appellant.

Kristin W. Ensign, Des Moines, Iowa, for appellees.

Before LAY, Chief Judge, HEANEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

HEANEY, Senior Circuit Judge.

At issue on this appeal is whether a state prisoner may bring a section 1983 action in federal court to challenge a decision of prison officials prohibiting him from serving as a jailhouse lawyer without first exhausting state judicial relief under Offet v. Solem, 823 F.2d 1256 (8th Cir.1987). The district court held that exhaustion was required. We reverse.

BACKGROUND

Thomas...

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