Frank Owens v. Verlyn Isaac, et al, No. 08-3989 (8th Cir. 2009)

Annotate this Case

Court Description: Prisoner case - prisoner civil rights. Plaintiff had not administratively exhausted his claims, and the district court did not err in granting defendants summary judgment.

Download PDF

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-3989 ___________ Frank R. Owens, * * Appellant, * * v. * * Verlyn Isaac; Jean Evan; C/O Phillip; * Mike Bickford; William Soupene; * Kevin Hagemann; Marilee S. * Giegerich; K. Clark; Stephen Salviati; * Tyrone Bontrager; Raymond Turano; * Samuel Fierro; Larry J. Theilen; Lt. * Pasker; Randy Oldenburger; Tom * Luensman; Dan Dietiker; Steve Lynch; * William Rindy; C/O Baker; Kathy * Condon; Jerry Burt; Steven Wendl; * Jake Noonan, * * Appellees. * Appeal from the United States District Court for the Northern District of Iowa. [UNPUBLISHED] ___________ Submitted: May 7, 2009 Filed: May 12, 2009 ___________ Before BYE, COLLOTON, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Iowa inmate Frank R. Owens appeals the district court s1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action. Having carefully reviewed the record, see Popoalii v. Corr. Med. Servs., 512 F.3d 488, 499 (8th Cir. 2008) (de novo review), we find no basis for overturning the district court s determination that Owens had not administratively exhausted his conditions-of-confinement claims, and we conclude summary judgment was proper on his claims arising from prison disciplinary matters and from his December 2006 transfer to the Iowa State Prison. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Edward J. McManus, United States District Judge for the Northern District of Iowa. -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.