United States Tenth Circuit

It is improper to dismiss a prisoner's 43 U.S.C. section 1983 action when there is a complete absence of evidence concerning whether the duration and conditions of the prisoner's confinement in disciplinary segregation is atypical and significant in relation to the ordinary incidents of prison life.

Appellate Information

• Decided 06/07/2002
• Published 06/10/2002

Judges

• LUCERO, Circuit Judge., Before TACHA, Chief Judge, EBEL, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Michael L. Gaines, pro se.


• For Appellees:
  
• Loren F. Snell, Jr., Assistant Attorney General (Carla J. Stovall, Attorney General, with him on the briefs), Office of the Attorney General, Topeka, Kansas, for Defendants-Appellees.