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BROWN EX REL. INDIGENOUS INMATES v. SCHUETZLE

Case No. A1-03-127.

368 F.Supp.2d 1009 (2005)

Joe BROWN, Christopher Darrell, and Mitch Wiest, on behalf of INDIGENOUS INMATES AT THE NORTH DAKOTA STATE PRISON, Plaintiffs, v. Tim SCHUETZLE, Warden, North Dakota State Prison; Patrick Benson, Deputy Warden of Operations, NDSP; Jeans Sullivan, Unit Manager, NDSP, Defendants.

United States District Court, D. North Dakota, Southwestern Division.

May 4, 2005.

Attorney(s) appearing for the Case

Steven M. Light, Larivee & Light, Ltd., Grand Forks, ND, for Plaintiffs.

Joe Brown, NDSP, Bismarck, ND, pro se.

Christopher Darrell, NDSP, Bismarck, ND, pro se.

Mitch Wiest, NDSP, Bismarck, ND, pro se.

Bill Peterson, Attorney General's Office Civil Litigation, Bismarck, ND, for Defendants.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS OR, IN THE ALTERNATIVE FOR SUMMARY JUDGMENT

HOVLAND, Chief Judge.

Before the Court is the Defendants' Motion to Dismiss or, in the alternative for Summary Judgment filed on December 8, 2004. The Plaintiffs oppose the motion. For the following reasons the motion is granted.

I. BACKGROUND

The named plaintiffs are Native American inmates at the North Dakota...

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