Ronald Leroy Kennedy, Plaintiff-appellant, v. Dave Dovala, Sheriff; the Casper Star Tribune Newspapereditor and Staff Writers, et al., Defendants-appellees, 21 F.3d 1121 (10th Cir. 1994)

ORDER AND JUDGMENT¹ 

SEYMOUR

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cause is therefore ordered submitted without oral argument.

Appellant Ronald LeRoy Kennedy appeals the district court's dismissal of his pro se civil rights claim against Dave Dovala, the Natrona County Sheriff, and The Casper Star Tribune, its editors, and its staff writers.²  Mr. Kennedy claims that he was deprived of his civil rights without due process of law, and that he was denied the right to be free from cruel and unusual punishment under the Eighth Amendment of the United States Constitution.

Mr. Kennedy is currently serving a life sentence without parole for the murder of an eleven year old girl. In the same trial, he was also convicted of the forcible rape and attempted murder of her seventeen year old step-sister. Nineteen years later, the second woman committed suicide. At that time, the Casper Star Tribune published a story about these events in which it quoted Sheriff Dovala. Mr. Kennedy claims that Sheriff Dovala knowingly and intentionally gave the newspaper false and inaccurate information, and that the newspaper conspired with the Sheriff to violate his civil rights.

After examining the briefs and the record in this case, we agree that the case was properly dismissed. We AFFIRM the judgment below substantially for the reasons stated in the district court's opinion.