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LILE v. McKUNE

Nos. 98-3292, 98-3294.

224 F.3d 1175 (2000)

Robert G. LILE, Plaintiff-Appellee/Cross-Appellant v. David R. McKUNE and Charles Simmons, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

September 5, 2000.

Attorney(s) appearing for the Case

Timothy G. Madden, Kansas Department of Corrections, Topeka, Kansas, for Defendants-Appellants/Cross-Appellees.

Matt Wiltanger (David J. Waxse and Paul W. Rebein with him on the briefs) of Shook, Hardy & Bacon L.L.P., Overland Park, Kansas, for Plaintiff-Appellee/Cross-Appellant.

Before SEYMOUR, Chief Judge, McKAY and EBEL, Circuit Judges.

McKAY, Circuit Judge.

These cross-appeals arise out of an action brought by Plaintiff Robert G. Lile under 42 U.S.C. § 1983. Plaintiff is a prisoner at the Lansing Correctional Facility in Lansing, Kansas. On January 6, 1983, he was convicted in Kansas state court of aggravated kidnaping, rape, and aggravated sodomy.1 He pleaded not guilty to these charges and testified at trial that he had consensual intercourse with the alleged...

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