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RICKS v. NICKELS

No. 00-3176.

295 F.3d 1124 (2002)

John M. RICKS, Plaintiff-Appellant, v. Marvin L. NICKELS, Commandant USDB Ft. Leavenworth; Fred W. Bucher, S-3 Operations Officer, Assistant Chief of Staff; (NFN) Robinson, S-3 Operations Officer, Major; Mark P. Speere, Air Force Detachment Commander; (NFN) Stieger, NCOIC/ANCOIC of S-3 Operations, USDB Ft. Leavenworth; (NFN) Minton, NCOIC/ANCOIC of S-3 Operations, USDB Ft. Leavenworth; (NFN) Williams; (NFN) Cook; (NFN) Rudnicki; (NFN) Arthur; (NFN) Mitchell; (NFN) (NMI) Martin, all in various command/supervisory/administrative positions; John and Jane Does, 1-700 are correctional, administrative, or supervisory officials on USDB policies, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 9, 2002.

Attorney(s) appearing for the Case

Alison Ruttenberg, Boulder, CO, for Plaintiff-Appellant.

Major James Roger Agar II, Of Counsel, U.S. Army Litigation Division, (Lieutenant Colonel Tara A. Osborn, Of Counsel, U.S. Army Litigation Division; James E. Flory, United States Attorney, Topeka, Kansas; D. Brad Bailey, Assistant United States Attorney, Topeka, KS; with him on the brief), for Defendants-Appellees.

Before HENRY, BALDOCK, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Plaintiff-Appellant John M. Ricks appeals an order dismissing his claims brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics against Defendants Appellees for alleged constitutional violations incurred while incarcerated at the United States Disciplinary Barracks (USDB). See Bivens, 403 U.S. 388, 91 S...

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