GEE v. PACHECO

No. 08-8057.

627 F.3d 1178 (2010)

Donald GEE, Plaintiff-Appellant, v. Mike PACHECO, in his official capacity as Unit Manager, Wyoming Department of Corrections State Penitentiary; Vance Everett, in his official capacity as (former) Warden, Wyoming Department of Corrections State Penitentiary; Carl Voigtsberger, in his official capacity as Classification and Housing Manager, Wyoming Department of Corrections State Penitentiary; Scott Abbott, in his official capacity as Warden, Wyoming Department of Corrections State Penitentiary; Ronald G. Ruettgers, in his official capacity as Associate Warden, Wyoming Department of Corrections State Penitentiary; T. Hill, in his official capacity as Sergeant, Wyoming Department of Corrections State Penitentiary; Nadin Shah, in his/her official capacity as Sergeant, Wyoming Department of Corrections State Penitentiary; David Everett, in his official capacity as Correction Officer, Wyoming Department of Corrections State Penitentiary; Brian Wiseman, in his official capacity as Correction Officer, Wyoming Department of Corrections State Penitentiary; Desiree Lopez, in her official capacity as Mail Room Officer, Wyoming Department of Corrections State Penitentiary; Lenny Stillwell, in his official capacity as Sergeant, Wyoming Department of Corrections State Penitentiary; Garry Halter, in his official capacity as Lieutenant, Wyoming Department of Corrections State Penitentiary; S. Kelley, in his official capacity as Corporal, Wyoming Department of Corrections State Penitentiary; John Coyle, in his official capacity as physician to the Wyoming State Penitentiary, Defendants-Appellees, Public Justice, P.C.; The American Civil Liberties Union; The Prisoner's Rights Project of The Legal Aid Society of The City Of New York, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

October 26, 2010.


Attorney(s) appearing for the Case

Donald Gee , pro se.

Hon. Bruce A. Salzburg , Wyoming Attorney General ( John S. Renneisen , Deputy Attorney General, and Thomas W. Rumpke , Senior Assistant Attorney General, with him on the brief), Cheyenne, WY, for Defendants-Appellees, Pacheco, Everett, Voigtsberger, Abbott, Ruettgers, Hill, Shah, Everett, Wiseman, Lopez, Stillwell, Halter, and Kelley.

Kathleen B. Dixon , Chapin & Dixon, LLP, Casper, WY, for Defendant-Appellee, John F. Coyle, D.O.

Claire Prestel , Public Justice, P.C., Washington, D.C. ( Melanie Hirsch , Public Justice, P.C., Washington, D.C.; Alexander A. Reinert , Benjamin N. Cardozo , School of Law, New York, NY; Jennifer Horvath , ACLU of Wyoming, Cheyenne, WY; David C. Fathi , ACLU National Prison Project, Washington, D.C.; Mark Silverstein , ACLU of Colorado, Denver, CO; and John Boston , The Legal Aid Society of the City of New York Prisoners' Rights Project, New York, NY, with her on the brief) for Amici Curiae.

Before HARTZ, McKAY, and ANDERSON, Circuit Judges.


HARTZ, Circuit Judge.

Donald Gee is a prisoner in the Wyoming State Penitentiary (WSP) who represents himself before this court. On January 27, 2006, he filed in the United States District Court for the District of Wyoming a pro se civil-rights action under 42 U.S.C. § 1983 against Defendants, who are WSP officials. Mr. Gee alleged that Defendants violated his rights under the First, Eighth, and Fourteenth Amendments to the United States Constitution.

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