Boppre v. Frakes

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Boppre v. Frakes

Case Number
Call Date
January 18, 2017
Case Time
1:00 PM
Case Summary

A-15-0832, Jeff Boppre (Appellant) v. Scott Frakes, Director, and Brian Gage, Warden

Johnson County, District Judge Daniel E. Bryan, Jr.

Attorney for Appellant: Pro Se

Attorney for Appellee: Douglas J. Peterson and Kyle Citta (Attorney General's Office)

Civil Action: Temporary Injunction - Prison Conditions

Action Taken by Trial Court: The district court overruled Boppre's motion for a temporary preliminary injunction after it determined that he had made no showing of irreparable injury. The district court also dismissed the action after it determined that Boppre had made no request for relief other than the temporary injunction.

Assignments of Error on Appeal: Boppre assigns that the district court erred by: (1) 'failing to properly apply the correct standard for 'Imminent Danger' of serious Physical injury, and to hold a hearing to resolve the question'; (2) 'denying the Emergency Preliminary injunction without making the determination whether the condition of confinement constitute cruel and unusual punishment and denial of basic human needs'; (3) denying the issuance of subpoenas requested by Boppre; and (4) 'sustaining the Judgment on evidence that was insufficient, and denying to set aside the Judgment.'

Case Location
Panel Text
Riedmann and Bishop, Judges, and McCormack, Justice, Retired