CODY v. WEBER

No. 99-2101

256 F.3d 764 (2001)

William R. CODY, Plaintiff-Appellant, v. Douglas WEBER; Steven W. Lee; Owen Spurrell; Darrell Slykaus; Ben Dearduff Craig Euneau; Robert Keumper; Elmer Miller; Cliff Fontroy; Rodney Brockhoft; Officer Gatto; Cpl. Lightner; Mike Durfee; Jeff Bloomberg, and other unknown officers, employees, and/or agents of the South Dakota State Penitentiary and/or the South Dakota State Department of Corrections, individually and in their official capacities, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 9, 2001


Attorney(s) appearing for the Case

Timothy J. Wilka, argued, Sioux Falls, SD, for Plaintiff-Appellant.

James E. Moore, argued, Sioux Falls, SD (William G. Beck, on the brief), for Defendants-Appellees.

Before McMILLIAN, JOHN R. GIBSON, and BEAM, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

William R. Cody appeals from an order of the district court granting summary judgment on claims he has asserted against Douglas Weber and other officers, employees, or agents of the South Dakota State Penitentiary and the South Dakota State Department of Corrections. He argues that the district court erred in its ruling on three of the fourteen claims he brought under 42 U.S.C. § 1983 (Supp. IV 1998) for alleged violations of his...

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