William L. Stringer-El v. Crispus C. Nix Paul Hedgepeth John Henry John Emmett James Helling Roger Lawson

I agree with the Court that the judgment should be affirmed. I take this position, however, only because it is compelled by precedent. In Pletka v. Nix, 943 F.2d 916 (8th Cir.1991), this Court held, over my dissent, that a plaintiff in substantially the same position as the plaintiff here was entitled to relief under the Due Process Clause of the Fourteenth Amendment. Although I continue to disagree with the holding of Pletka, I am bound by it. This panel cannot overrule the holding of another panel.

A couple of points should be added that are particular to the present case. First, the…