Kelsey v. Minnesota
Kelsey v. Minnesota
Opinion of the Court
Plaintiff Dwight Kelsey, an inmate of the Minnesota Department of Corrections at Stillwater State Prison, appeals the district court’s
Kelsey’s original complaint was filed on June 18, 1976. The complaint alleges, in substance, that Kelsey was denied due process during prison disciplinary proceedings against him in January, 1976. The complaint includes allegations that defendants failed to comply with several of the procedural requirements established in Inmate 24394 v. Schoen, 363 F.Supp. 683 (D.Minn. 1973), for Minnesota State Prison disciplinary proceedings; that Kelsey was denied access to his legal materials for use at his hearing; and that evidence was planted or manufactured for use against him.
In February, 1977, defendants filed a motion for summary judgment with supporting affidavits. The following April, Kelsey filed an amended complaint, repeating the allegations of his original complaint and adding lengthy charges that his due process rights were similarly violated in disciplinary proceedings in June, 1976. For more than two years, Kelsey failed to initiate any further action in the matter; and in October, 1979, defendants filed a motion to dismiss the action. Kelsey failed to respond to that motion.
On January 9, 1980, the district court entered an order granting summary judgment
We have carefully reviewed the record and find no reason to disturb the conclusions of the district court. Accordingly, the judgment is affirmed.
. The Honorable Earl R. Larson, United States Senior District Judge, District of Minnesota.
. The court treated the motion to dismiss as one for summary judgment because it considered materials outside the pleadings. See Fed.R.Civ.P. 12(b).
Reference
- Full Case Name
- Dwight W. KELSEY, on his own behalf and on behalf of others similarly situated v. STATE OF MINNESOTA Kenneth Schoen, Commissioner of Corrections Harry C. Hansen, Chairman of Disciplinary Board, Stillwater State Prison Bruce McManus as Warden of Stillwater Prison and their employees and agents
- Cited By
- 1 case
- Status
- Published