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THARP v. IOWA DEPT. OF CORRECTIONS

No. 94-3992.

68 F.3d 223 (1995)

Ray H. THARP; Robert B. Morck, Plaintiffs-Appellants, v. IOWA DEPARTMENT OF CORRECTIONS; State of Iowa, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 13, 1995.

Rehearing Denied November 15, 1995.

Attorney(s) appearing for the Case

Michael Stowers, Des Moines, Iowa, argued (Anthony F. Renzo, on the brief), for appellant.

Layne M. Lindebak, Assistant Attorney General, Special Litigation Division, Des Moines, Iowa, for appellee.

Before McMILLIAN and LOKEN, Circuit Judges, and VAN SICKLE, District Judge.

LOKEN, Circuit Judge.

The Iowa Department of Corrections ("IDC") instituted shift changes so that only female Residential Advisors ("RAs") would staff the women's unit of a mixed-gender minimum security prison. Two male RAs, Ray H. Tharp and Robert B. Morck, filed this action alleging that the gender-based shift assignments violate Title VII and the Iowa Civil Rights Act. The district court1 granted summary judgment for IDC because plaintiffs...

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