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BEEKS v. HUNDLEY

No. 93-2754.

34 F.3d 658 (1994)

Corvelle BEEKS; Donta T. McKenzie, Plaintiffs-Appellees, Anthony Quinn; Larry Starks, Jr., Plaintiffs, v. Thomas C. HUNDLEY; John Emmett, Defendants-Appellants, John Henry; Paul W. Grossheim, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided September 7, 1994.

Attorney(s) appearing for the Case

Layne Lindebak, Des Moines, IA, argued, for appellants.

Guy R. Cook, Des Moines, IA, argued, for appellees.

Before RICHARD S. ARNOLD, Chief Judge, MAGILL and LOKEN, Circuit Judges.

LOKEN, Circuit Judge.

In Hankins v. Finnel, 964 F.2d 853 (8th Cir.), cert. denied, ___ U.S. ___, 113 S.Ct. 635, 121 L.Ed.2d 566 (1992), an inmate recovered a money judgment against a Missouri prison official under 42 U.S.C. § 1983. The State sought to apply the inmate's damage recovery to pay the costs of his incarceration under the Missouri Incarceration Reimbursement Act. We held that § 1983 preempted such...

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