United States Eighth Circuit

In an action brought under 42 U.S.C. section 1983 complaining that plaintiff was denied due process when prison officials issued him an inadequate disciplinary notice, denial of summary judgment for defendants-prison officials on qualified immunity grounds is affirmed where: 1) the district court did not err in finding that the disciplinary notice, which contained no information specifying the victim, date, or place of an alleged choking incident, failed to comport with due process; and 2) it was clearly established that the notice issued to plaintiff violated his due process rights.

Appellate Information

• Decided 11/08/2007
• Published 11/08/2007

Judges

• SHEPHERD, Circuit Judge., Before BYE, BENTON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert L. Sikma Sr., Sioux City, IA, for appellants.


• For Appellees:
  
• Forrest Guddall, Attorney General's Office, Des Moines, IA, for appellee.