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BURGIN v. IOWA DEPT. OF CORRECTIONS

Nos. 90-1976, 90-1977.

923 F.2d 637 (1991)

Laurence K. BURGIN, Appellee/Cross Appellant, v. IOWA DEPARTMENT OF CORRECTIONS, Hal Farrier, Crispus Nix, Robert Washington, Don Menke, Lieutenant Bowden, Lieutenant Peterson, C/O Freesmeier and C/O Bartholomew, Appellants/Cross Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 22, 1991.

Attorney(s) appearing for the Case

Thomas Pastrnak and Cathy Woolums, Davenport, Iowa, for appellants/cross appellees.

Gordon Allen and Kristin Ensign, Asst. Attys. Gen., Des Moines, Iowa, for appellee/cross appellant.

Before MAGILL, Circuit Judge, ROSS, Senior Circuit Judge, and HUNTER, Senior District Judge.

PER CURIAM.

Laurence K. Burgin (Burgin), an inmate at the Iowa State Penitentiary (ISP), was given 3 days of extra work cleaning the showers as punishment for violating a prison rule. Plaintiff refused to do the work and instead lay down in the shower to sleep, using his coat as a pillow. When Corrections Officers Bartholomew and Freesmeier found him sleeping, they called their superior officer, Lieutenant Peterson to the showers. The officers demanded that Burgin...

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