Ronald Lee Rhodes v. Robert D. Hannigan G.B. Whittington

EBEL, Circuit Judge.

Plaintiff-appellant Ronald Lee Rhodes appeals the district court’s dismissal of his civil rights action, brought pursuant to 42 U.S.C. § 1983. Because the district court erred in finding Mr. Rhodes’ § 1983 action precluded by his previous state habeas corpus action, we reverse and remand for further proceedings. 1

In December 1989, Mr. Rhodes was incarcerated at the Hutchinson Correctional Facility in Hutchinson, Kansas. Upon a report that Mr. Rhodes was inciting an outbreak of racially motivated violence at the prison food service area, he was placed in administrative…