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GILLPATRICK v. FRAKES

No. 19-2871.

997 F.3d 1258 (2021)

Paul GILLPATRICK; Niccole A. Wetherell, Plaintiffs-Appellees v. Scott FRAKES, Director, in their official capacities, Defendant-Appellant. Denise Davidson, Warden, in their official capacities; Robert Madsen, Warden, in their official capacities, Defendants. Michele Capps, in her official capacity as Warden of the Nebraska State Penitentiary; Angela Folts-Oberle, in her official capacity, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: May 19, 2021.

Attorney(s) appearing for the Case

Christopher Lee Eickholt , Eickholt Law, LLC, Lincoln, NE, Michael David Gooch , Michael D. Gooch , Bennington, NE, for Plaintiffs-Appellees.

Paul Gillpatrick, Lincoln, NE, Pro Se.

Niccole A. Wetherell, Nebraska Correctional Facility, York, NE, Pro Se.

James A. Campbell , Benjamin M. Goins , Attorney General's Office, Lincoln, NE, for Defendants-Appellants.

Before BENTON, ERICKSON, and GRASZ, Circuit Judges.

Paul M. Gillpatrick filed a suggestion of death for his co-plaintiff, Niccole A. Wetherell. See Fed. R. App. P. 43. Because they can no longer marry, the appeal of the merits judgment is moot. See Gillpatrick v. Frakes, 2019 WL 7037367, at *8 (D. Neb. June 7, 2019)....

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