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MORSTAD v. DEPT. OF CORRECTIONS & REHAB.

No. 97-3111.

147 F.3d 741 (1998)

Thomas J. MORSTAD, Appellant, v. DEPARTMENT OF CORRECTIONS AND REHABILITATION, a department of the State of North Dakota; Tim Schuetzle, individually; Department of Health and Human Services, a department of the State of North Dakota; Myron Veenstra, individually; Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 26, 1998.

Attorney(s) appearing for the Case

Neil Wayne Fleming, Cavalier, ND, argued (Kenneth F. Johannson, Crookston, MN, on the brief), for Department of Health and Human Services.

Jean R. Mullen, Bismarck, ND, argued (Daniel L. Hovland, Bismarck, ND, on the brief), for Department of Corrections and Rehabilitation and Timothy Schuetzle.

Before BEAM and HEANEY, Circuit Judges, and KOPF, District Judge.

HEANEY, Circuit Judge.

Thomas Morstad, a former inmate at the North Dakota State Penitentiary (NDSP), was assaulted by a fellow inmate. Alleging violations of 42 U.S.C. § 1983 and North Dakota state law, Morstad brought claims against the North Dakota Department of Corrections and Rehabilitation (DOCR); the North Dakota Department of Health and Human Services (DHHS); Timothy Schuetzle, individually and in his official capacity as warden of the NDSP; and Myron...

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