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BURGIN v. NIX

No. 89-2241.

899 F.2d 733 (1990)

Laurence BURGIN, Appellant, v. Crispus NIX, Warden, ISP; John Henry, Head of Security, ISP; and John Sanders, No. 220, Unit Manager, ISP, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 30, 1990.

Attorney(s) appearing for the Case

Anuradha Vaitheswaran, Des Moines, Iowa, for appellant.

Robert W. Pratt, Des Moines, Iowa, for appellees.

Before LAY, Chief Judge, BEAM, Circuit Judge, and WOODS, District Judge.

PER CURIAM.

On June 20, 1985, plaintiff, Laurence Burgin, an inmate in the custody of the ISP, while being served a "nonsacked" meal,1 threw a carton of milk toward a guard. The contents splashed upon the latter. Without notice or a hearing, Burgin was immediately placed on incorrigible inmate status and served sacked meals, pursuant to ISP Policy 573A. That policy states, in pertinent part:<...

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