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RICKER v. LEAPLEY

No. 93-1920.

25 F.3d 1406 (1994)

Kevin L. RICKER, Plaintiff-Appellee, v. Walter LEAPLEY and Doug Weber, Defendants-Appellants, Lynn Delano; Richard Rist; Ed Lightenberg; Dean Hinders; Robert Kuemper; Randy Veldboom; Elmer Miller; Barry Mennenga; James Severson; Robert Hanson; Paul Schloe; Kenneth Hemenway; Dennis Block, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided June 7, 1994.

Attorney(s) appearing for the Case

Eric Rasmussen, Brookings, SD, argued (Richard J. Helsper and Eric N. Rasmussen, on the brief), for appellants.

Kent Roland Cutler, Sioux Falls, SD, argued, for appellee.

Before WOLLMAN, Circuit Judge, HEANEY, Senior Circuit Judge, and LOKEN, Circuit Judge.

LOKEN, Circuit Judge.

Warden Walter Leapley and Associate Warden Douglas Weber of the South Dakota State Penitentiary appeal the district court's denial of qualified immunity in this § 1983 suit by inmate Kevin L. Ricker. We conclude that Ricker had no clear constitutional right to the disclosure of favorable evidence first discovered after he was found guilty of prison misconduct and assigned to punitive segregation. Accordingly, defendants are entitled to qualified...

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