RAMOS v. WEBER

No. 01-4023.

303 F.3d 934 (2002)

Joaquin RAMOS, Appellant, v. Douglas WEBER, Warden, South Dakota State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 27, 2002.


Attorney(s) appearing for the Case

Steven R. Binger, Sioux Falls, SD, for appellant.

Gary Campbell, Pierre, SD, for appellee.

Before HANSEN, Chief Judge, FAGG and BYE, Circuit Judges.


FAGG, Circuit Judge.

After drinking at a local bar, Joaquin Ramos returned to the home he shared with his fiancee, Debbie Martinez, and her children to find Debbie not at home. Ramos learned Debbie had taken a cab to a bar, called the cab company, and angrily demanded that the cab driver turn around and bring Debbie home. Ramos became violent while awaiting Debbie's return and threatened Johnny Jibben, a coworker who had given Ramos a ride home. Jibben's wife arrived...

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