Messimer v. Lockhart
Court of Appeals for the Eighth Circuit
1Opinion of the Court
ARNOLD, Circuit Judge.
The plaintiffs, inmates confined in the Protective Custody Unit at the Cummins Unit of the Arkansas Department of Correction, appeal the dismissal of their civil rights complaint for failure to state a claim upon which relief can be granted. We reverse.
I
We are initially confronted with the argument that the plaintiffs have waived their right to appeal. The complaint was filed on January 28, 1982. That same day, the Magistrate recommended to the District Court that the complaint be dismissed for failure to state a claim upon which relief can be granted, on the ground that…
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