Legal Opinion

Jerry L. Lown v. Larry Brimeyer, John Sissel, Charles Lee

Court of Appeals for the Eighth Circuit

Decided March 19, 1992No. 91-1257PublishedCited by 19 opinions

1Opinion of the Court

LOKEN, Circuit Judge.

In Offet v. Solem, 823 F.2d 1256 (8th Cir.1987), we held that a state inmate with a § 1983 claim for the unconstitutional dep rivation of good time credits must exhaust his state remedies. We suggested that the federal suit should be filed and stayed to avoid statute of limitations problems. In this case, ignoring that advice, Jerry L. Lown waited until he had successfully completed his exhaustion proceedings in state court before filing his § 1983 suit against Iowa prison officials. The district court 1 dismissed his suit as time-barred, and Lown appeals. Not…

2Cases cited5 opinions

  1. Board of Regents of Univ. of State of NY v. TomanioSupreme Court of the United States · 1980
  2. Crown Coat Front Co. v. United StatesSupreme Court of the United States · 1967
  3. Steven Ray Wycoff v. James Menke, Official of the Iowa State PenitentiaryCourt of Appeals for the Eighth Circuit · 1985
  4. Leo HEIDEMAN and Shirley Heideman, Appellants, v. PFL, INC., AppelleeCourt of Appeals for the Eighth Circuit · 1990
  5. Offet v. SolemCourt of Appeals for the Eighth Circuit · 1987

3Cited by19 opinions

  1. Rural Water System 1 v. City of Sioux CenterDistrict Court, N.D. Iowa · 1997
  2. 78 Fair empl.prac.cas. (Bna) 615, 74 Empl. Prac. Dec. P 45,630 Brenda Shempert v. Harwick Chemical Corporation and Tom Breckenridge, Individually Lynne Gibel, Movant-Appellant. Equal Employment Opportunity Commission, Amicus CuriaeCourt of Appeals for the Eighth Circuit · 1998
  3. Dakota Truck Underwriters v. South Dakota Subsequent Injury FundSouth Dakota Supreme Court · 2004
  4. Marvin DeVries v. David DriesenCourt of Appeals for the Eighth Circuit · 2014
  5. DePugh v. SmithDistrict Court, N.D. Iowa · 1995

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