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LeVINE v. ROEBUCK

No. 07-3388.

550 F.3d 684 (2008)

Joel LeVINE, Plaintiff-Appellant, v. Kathleen ROEBUCK; Tonya Youngs; Donald Greim, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: December 4, 2008.

Attorney(s) appearing for the Case

William P. Nacy, Hanrahan Trapp, P.C., Jefferson City, MO, argued (Samuel E. Trapp, Samantha Anne Harris, on the brief), for appellant.

Mark A. Lynch, Holbrook & Osborn, P.A., Overland Park, KS, argued, for appellees Greim and Roebuck.

Ryan E. Bertels, Asst. Atty. Gen., Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, Atty. Gen., on the brief), for appellee Youngs.

Before LOKEN, Chief Judge, BEAM and BYE, Circuit Judges.

LOKEN, Chief Judge.

In this § 1983 action, Missouri inmate Joel LeVine alleges that a correctional officer and two prison nurses violated his Fourth and Eighth Amendment rights by forcing him to undergo catheterization to avoid prison discipline when he could not provide a urine sample for a random drug test. The district court dismissed the Eighth Amendment claims on the merits, and the Fourth Amendment claims on the basis of qualified immunity. LeVine appeals...

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