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FREITAS v. AULT

Nos. 96-2460, 96-2461.

109 F.3d 1335 (1997)

Richard John FREITAS, Sr., Appellee/Cross-Appellant, v. John AULT, Appellant/Cross-Appellee, and Irene G. Howard, Defendant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 4, 1997.

Attorney(s) appearing for the Case

Layne M. Lindebak, Des Moines, IA, argued (Thomas J. Miller, Attorney General of Iowa, on the brief), for appellant/cross-appellee.

Webb Wassmer, Cedar Rapids, Iowa (argued), for appellee/cross-appellant Freitas.

Robert P. Montgomery, Des Moines, Iowa, argued (Matthew Boles, on the brief), for defendant/cross-appellee Howard.

Before RICHARD S. ARNOLD, Chief Judge, and HANSEN and MORRIS SHEPPARD ARNOLD, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

John Ault, one of the defendants in a suit brought under 42 U.S.C. § 1983, appeals the trial court's ruling that a prisoner's due process rights were violated when he was transferred to a higher-security facility without a hearing. He also appeals the amount of the damage award. The prisoner, Richard John Freitas, Sr., cross-appeals the amount of damages awarded to him, one of the trial court's factual findings, and the...

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