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KLINGER v. DEPARTMENT OF CORRECTIONS

Nos. 96-1241, 96-1243.

107 F.3d 609 (1997)

Cheryl KLINGER; Linda Lange; Gweniver Lay; Stacy Finn, Appellants, v. DEPARTMENT OF CORRECTIONS; Harold W. Clarke, Director; Larry Tewes, Assistant Director, Nebraska Department of Correctional Services and former Acting Superintendent of Nebraska Center for Women; Victor Lofgreen, Former Superintendent of Nebraska Center for Women; Larry Wayne, Superintendent of Nebraska Center for Women; Judith Danielsen, Psychologist, Nebraska Center for Women; Margaret Wehland, Medical Nurse, Nebraska Center for Women, Appellees. State of Alabama; State of California; State of Louisiana; State of Maryland; State of Minnesota; State of Missouri; State of Nevada; State of New Mexico; State of North Dakota; State of South Dakota; State of Vermont; State of Alaska, Amici Curiae. Cheryl KLINGER; Linda Lange; Gweniver Lay; Stacy Finn, Appellees, v. DEPARTMENT OF CORRECTIONS; Harold W. Clarke, Director, Defendants. Larry Tewes, Assistant Director, Nebraska Department of Correctional Services and former Acting Superintendent of Nebraska Center for Women; Victor Lofgreen, Former Superintendent of Nebraska Center for Women, Appellants, Larry Wayne, Superintendent of Nebraska Center for Women; Judith Danielsen, Psychologist, Nebraska Center for Women; Margaret Wehland, Medical Nurse, Nebraska Center for Women, Appellees. State of Alabama; State of California; State of Louisiana; State of Maryland; State of Minnesota; State of Missouri; State of Nevada; State of New Mexico; State of North Dakota; State of South Dakota; State of Vermont; State of Alaska, Amici Curiae.

United States Court of Appeals, Eighth Circuit.

Decided February 25, 1997.

Attorney(s) appearing for the Case

Gail S. Perry, Lincoln, NE, argued (Robert T. Grimit and Stephanie F. Stacy, on the brief), for Appellants/Cross-Appellees.

Laurie Smith Camp, Lincoln NE, argued (Don Stenberg, Attorney General, on the brief), for Appellees/Cross-Appellants.

James R. McAdams and Jeremiah W. (Jay) Nixon, Attorney General, Jefferson City, MO, on the brief, for amicus curiae, States of Alabama, California, Louisiana, Maryland, Minnesota, Missouri, Nevada, New Mexico, North Dakota, South Dakota and Vermont.

Before McMILLIAN, MAGILL and MORRIS SHEPPARD ARNOLD, C.JJ.

McMILLIAN, Circuit Judge.

Women prisoners, incarcerated at the Nebraska Center for Women (NCW), brought this § 1983 action in the United States District Court1 for the District of Nebraska, alleging, among other things, that defendants, the Nebraska Department of Correctional Services (DCS) and several DCS officials, violated their rights under the equal protection clause and Title IX of the Education Amendments, 20 U.S.C. §...

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