SANDY v. SCHRIRO

No. WD 58844.

39 S.W.3d 853 (2001)

Christopher L. SANDY, Appellant, v. Dora SCHRIRO, Director, Missouri Department of Corrections, Respondent.

Missouri Court of Appeals, Western District.

March 20, 2001.


Attorney(s) appearing for the Case

Richard L. Beaver, Jefferson City, Attorney for Appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Troy G. Allen and Stephen D. Hawke, Assistant Attorneys General, Jefferson City, Attorneys for Respondent.

Before LAURA DENVIR STITH, P.J., and SMART and HOWARD, JJ.


HOWARD, Judge.

Christopher L. Sandy (hereinafter "appellant") appeals from the circuit court's judgment dismissing his declaratory judgment action for failure to state a claim. He raises two points on appeal.

First, he asserts that he properly stated a claim upon which relief could be granted in alleging that: the Department of Corrections (hereinafter "respondent") was not within its authority granted by the legislature when it enacted its department policy...

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