Kenneth Hawkman v. Robert Parratt, Warden, Nebraska Penal and Correctional Complex

STEPHENSON, Circuit Judge.

The state of Nebraska appeals from the district court’s 1 January 20, 1981, decision which granted appellee Kenneth Hawk-man’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. 2 We affirm the district court’s decision, but find it necessary to explicate portions of the district court’s legal analysis.

1. BACKGROUND

The district court, after reviewing the state court records and holding an evidentiary hearing, set forth the underlying factual circumstances as follows. On July 19, 1976, Hawkman, a Sioux Indian who lived on the Rosebud, South Dakota…