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ASWEGAN v. BRUHL

No. 96-3499SI.

113 F.3d 109 (1997)

Raymond W. ASWEGAN, Plaintiff-Appellee, v. Captain BRUHL; Lieutenant Birdsell; C/O Gary Rea; C/O Roush; Lieutenant Bowden; Roger Lawson; Charles Harper; Defendants, John Emmett, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 2, 1997.

Rehearing and Suggestion for Rehearing Denied June 18, 1997.

Attorney(s) appearing for the Case

Gordon Eugene Allen, Des Moines, Iowa, argued for defendant-appellant (Thomas J. Miller, Attorney General of Iowa, and Kristin W. Ensing, Assistant Attorney General, on the brief).

Paul D. Burns, Des Moines, Iowa, argued for plaintiff-appellee (H. Richard Smith, on the brief).

Before FAGG, HEANEY, and JOHN R. GIBSON, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied June 18, 1997.

FAGG, Circuit Judge.

Raymond W. Aswegan, a life sentence inmate at the Iowa State Penitentiary (ISP), brought this lawsuit contending his prison infirmary cell lacks cable television reception in violation of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101-12213 (1994). The district court ruled in Aswegan's favor and ordered John Emmett, the ISP security director...

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