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GILBERT v. NIX

No. 92-2184.

990 F.2d 1044 (1993)

Michael W. GILBERT, Individually, and on behalf of all others similarly situated; American Federation of State, County and Municipal Employees, Sued as AFSCME/Iowa Council 61, a certified representative for the Security Bargaining Unit, the Blue Collar Bargaining Unit, the Technical Bargaining Unit, the Clerical Unit and the Professional and Fiscal Staff Bargaining Unit for the State of Iowa, Appellees, v. Crispus NIX, Individually, and in his official capacity as Warden of the Iowa State Penitentiary at Fort Madison; James Burton, Individually, and in his official capacity as an employee of the Iowa Department of Corrections; L.E. Galloway, Individually, and in his official capacity as an employee of the Iowa Department of Corrections; Paul W. Grossheim, Individually, and as Director of the Iowa Department of Corrections; Linda Hanson, Individually, and as acting director of the Iowa Department of Personnel, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided April 9, 1993.

Attorney(s) appearing for the Case

Theresa O'Connell Weeg, Asst. Atty. Gen. (argued), Des Moines, IA, for appellants.

Edward McConnell (argued), Des Moines, IA (Mike Hansen, on the brief), for appellees.

Before McMILLIAN, Circuit Judge, LAY, Senior Circuit Judge, and LOKEN, Circuit Judge.

McMILLIAN, Circuit Judge.

Crispus Nix, Warden of the Iowa State Penitentiary (ISP), and other prison officials appeal from an order entered in the United States District Court for the Southern District of Iowa granting a preliminary injunction prohibiting them from compelling state correctional officer Michael Gilbert and other correctional officers to answer questions in the course of an administrative investigation. For reversal, appellants argue that the district...

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