Jerry William Weber, Appellant, v. Orville Pung, Commissioner of Corrections, Appellee, 73 F.3d 366 (8th Cir. 1996)

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US Court of Appeals for the Eighth Circuit - 73 F.3d 366 (8th Cir. 1996)

Submitted Dec. 28, 1995. Filed Jan. 10, 1996


PER CURIAM.


Before FAGG, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Minnesota inmate Jerry William Weber brought this 42 U.S.C. § 1983 action, claiming that defendant's policies resulted in constitutionally unequal treatment of male and female inmates incarcerated in different Minnesota prisons. The district court1  granted summary judgment to defendant, dismissing with prejudice Weber's claims for monetary relief and dismissing without prejudice his claims for declaratory and equitable relief. Weber appeals. Having carefully reviewed the record and the parties' briefs, we conclude that the district court properly dismissed Weber's damage claims under the doctrine of qualified immunity and properly dismissed his equitable claims because Weber was no longer being incarcerated in a Minnesota facility. Accordingly, we affirm. See 8th Cir. R. 47B.

 1

The HONORABLE RICHARD H. KYLE, United States District Court for the District of Minnesota, adopting the report and recommendations of the HONORABLE ANN D. MONTGOMERY, United States Magistrate Judge for the District of Minnesota