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WEINLOOD v. SIMMONS

No. 77,916.

262 Kan. 259 (1997)

936 P.2d 238

RONALD WEINLOOD, et al., Appellees, v. CHARLES SIMMONS, Individually, and in His Capacity as Secretary of Corrections, Appellant.

Supreme Court of Kansas.

Opinion filed April 18, 1997.

Attorney(s) appearing for the Case

Edward F. Britton, Jr., of Kansas Department of Corrections, argued the cause and was on the brief for appellant.

Stephen W. Kessler, Director, Legal Services for Prisoners, Inc., of Topeka, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

MCFARLAND, C.J.:

This is a 42 U.S.C. § 1983 (1994) action by certain inmates of the Hutchinson Correctional Facility against Charles Simmons, Secretary of the Kansas Department of Corrections, challenging the assessment of service fees against them pursuant to K.A.R. 44-5-115 (1996 Supp.). Defendant Secretary appeals from the district court's judgment that:

1. the assessment of service fees for administering...

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