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BOUTCHEE v. GROSSHEIM

No. 93-1422.

11 F.3d 101 (1993)

Frederick Leon BOUTCHEE, Appellant, v. Paul GROSSHEIM, sued as Paul W. Grossheim—Director; John A. Thalacker, sued as John Thalacker—Warden; John Sissel, Deputy Warden; Wayne Martin, sued as Wayne Martin—Director of Kirkwood Community College; Darrell Deboom, Academic Advisor of Kirkwood Community College; Barbara Mulholland, sued as Ms. Barbara Mulholland—Teacher of Kirkwood Community College; Jon Custis, sued as CSI Custis, Lt., Appeals Officer; and William Rindy, SCO, sued as CSI Lt. Rindy, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 3, 1993.

Rehearing Denied January 12, 1994.

Attorney(s) appearing for the Case

Jeffrey M. Lipman, Urbandale, IA, argued, for appellant.

Kristin W. Ensign, Asst. Atty. Gen., Des Moines, IA, argued, for appellees.

Before RICHARD S. ARNOLD, Chief Judge, BEAM, Circuit Judge, and JACKSON, District Judge.

RICHARD S. ARNOLD, Chief Judge.

The plaintiff, Frederick Leon Boutchee, appeals the Magistrate Judge's1 order in a 42 U.S.C. § 1983 case. Boutchee contends that prison officials and staff members violated his right to due process because they sanctioned him for conduct which was not covered explicitly in prison rules and because the person who issued the violation also determined the sanction. The contested order granted judgment...

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