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INMATES OF NEB. PENAL & CORRECTIONAL v. GREENHOLTZ

Civ. Nos. 72-L-335 and 73-L-150.

436 F.Supp. 432 (1976)

INMATES OF the NEBRASKA PENAL AND CORRECTIONAL COMPLEX, Plaintiff, v. John B. GREENHOLTZ, Individually and as Chairman, Nebraska Board of Paroles, et al., Defendants. Robert O. McDONNELL, Plaintiff, v. John B. GREENHOLTZ, Individually and as Chairman, Nebraska Board of Paroles, et al., Defendants.

United States District Court, D. Nebraska.

On Motion to Alter or Amend December 7, 1976.

Attorney(s) appearing for the Case

Gary L. Dolan, Lincoln, Neb., Roy S. Haber and Walter R. Echo-Hawk, Native American Rights Fund, Boulder, Colo., for subclass of inmates alleging denial of parole for racially discriminatory reasons.

John C. Gourlay, Lincoln, Neb., for subclass of inmates alleging denial of parole for seeking access to the courts (subclass includes plaintiff Robert McDonnell).

Brian Ridenour, Lincoln, Neb., for subclass of inmates alleging violation of due process at parole proceedings.

Ralph H. Gillan, Asst. Atty. Gen., Lincoln, Neb., for defendants.

MEMORANDUM OPINION

SCHATZ, District Judge.

These actions, which were consolidated for trial, were brought under 42 U.S.C. § 1983 by inmates of the Nebraska Penal Complex to obtain relief from alleged deprivations of their civil rights. McDonnell v. Greenholtz, CIV. 73-L-150, was brought by an individual plaintiff, Robert McDonnell, alleging that he was deprived of parole because he had filed a number of lawsuits against various prison officials...

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