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PATTERSON v. VON RIESEN

No. 92-3422.

999 F.2d 1235 (1993)

Lee Wayne PATTERSON, Appellant, v. Steven VON RIESEN, in his official capacity as Hall County Attorney; P. Stephen Potter, in his official capacity as Deputy Hall County Attorney; County of Hall, Nebraska, a body politic incorporate; Robert F. Parratt, former warden of the Nebraska Penal and Correctional Complex; Charles J. Black, former warden of the Nebraska Penal and Correctional Complex; Gary E. Grammer, former warden of the Nebraska Penal and Correctional Complex; John Dahm, former warden of the Nebraska Penal and Correctional Complex; Harold Clark, Director of Department of Correctional Services, Acting Warden of the Nebraska Penal and Correctional Complex; John B. Greenholtz, former member of the Nebraska Parole Board; Eugene E. Neal, former member of the Nebraska Parole Board; Wayne L. Schreurs, former member of the Nebraska Parole Board; Doris D. Collins, former member of the Nebraska Parole Board; Linda Babbitt Jaeckel, former member of the Nebraska Parole Board; Marj Marlette, former member of the Nebraska Parole Board; Ronald L. Bartee, former member of the Nebraska Parole Board; Carlos Alvarez, former member of the Nebraska Parole Board; Mary E. Wieseman, former member of the Nebraska Parole Board; Murrell McNeil, former member of the Nebraska Parole Board; Leland A. Oberg, former member of the Nebraska Parole Board; Donald D. McCall, former member of the Nebraska Parole Board; Marlene Cupp, 1990-Current member of the Nebraska Parole Board; Michael D. McLaughlin, 1990-Current member of the Nebraska Parole Board, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 23, 1993.

Attorney(s) appearing for the Case

Ann C. Janusz, Omaha, NE, argued (Kirk E. Brumbaugh, on the brief), for appellant.

Randall L. Goyette, and Alfonza Whitaker, Lincoln, NE, argued, for appellees.

Before FAGG and MAGILL, Circuit Judges, and STUART, Senior District Judge.

MAGILL, Circuit Judge.

This appeal comes from an order of the district court dismissing appellant's 42 U.S.C. § 1983 claims pursuant to Fed.R.Civ.P. 12(b)(6). We affirm, as we conclude that the prosecuting attorneys, members of the Nebraska Parole Board, and the prison wardens are absolutely immune from damages on Patterson's wrongful conviction claims.

I. BACKGROUND

Lee Wayne Patterson was convicted on or about November 18, 1980, of conspiracy...

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