McMORROW v. LITTLE

No. 95-3862.

109 F.3d 432 (1997)

Patrick T. McMORROW, Jr., Plaintiff-Appellee, v. Elaine LITTLE, individually, and as Director of the Department of Corrections and Rehabilitation; Timothy Schuetzle, individually, and as Warden of the North Dakota State Penitentiary; Daniel Wrolstad, individually, and as Acting Programs Director of the North Dakota State Penitentiary; Diana Welk, individually, and as Counselor at the North Dakota State Penitentiary; Glenn Otto, individually, and as Human Service Program Administrator of the North Dakota State Penitentiary; Defendants-Appellants, Ernest Reinert, individually, and as Parole Coordinator at the North Dakota State Penitentiary; Defendants, Beverly Bergson, individually, and as Counselor at the North Dakota State Penitentiary; Mary Dasovich, individually, and in her official capacity; Defendants-Appellants, Warren G. Allen, individually, and as Members of the North Dakota Parole Board; Henry Gayton, Jr., individually, and as Members of the North Dakota Parole Board; Sherry Mills Moore, individually, and as Members of the North Dakota Parole Board, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided March 17, 1997.


Attorney(s) appearing for the Case

Bill Peterson, Assistant Attorney General, argued, Bismarck ND (Heidi Heitkamp, Attorney General, on the brief), for defendants-appellants.

Steven A. Torslee, argued, Bismarck, ND, for plaintiff-appellee.

Before WOLLMAN, JOHN R. GIBSON, and HANSEN, Circuit Judges.


ORDER

Appellee's Petition For Rehearing has been considered by the court and is granted. The opinion and judgment entered January 8, 1997, 103 F.3d 704, are vacated.

JOHN R. GIBSON, Circuit Judge.

Elaine Little, individually, and as Director of the Department of Corrections and Rehabilitation of North Dakota, and other officials of the North Dakota penitentiary system1 appeal from an...

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