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GARRETT v. HAWK

No. 96-1429.

127 F.3d 1263 (1997)

Jonathan T. GARRETT, Plaintiff-Appellant, v. Kathleen M. HAWK, Director, Federal Bureau of Prisons, an agency of the United States of America, and 30 or more unknown officials and/or correctional officers in the Administrative Maximum Security Unit at the United States Penitentiary, Florence, Colorado, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 28, 1997.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Jonathan T. Garrett, pro se, for Plaintiff-Appellant.

Charlotte J. Mapes, Assistant United States Attorney, Denver, CO (Henry L. Solano, United States Attorney, with her on the Brief), for Defendants-Appellees.

Before BRORBY, EBEL and KELLY, Circuit Judges.

EBEL, Circuit Judge.

Plaintiff-Appellant Jonathan T. Garrett ("Garrett") appeals the district court's dismissal of his civil rights complaint brought pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971) and 28 U.S.C. § 1331. We exercise jurisdiction under 28 U.S.C. § 1291 and reverse.

BACKGROUND

While he was imprisoned in the...

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