Court of Appeals for the Eighth Circuit November 13, 2003, 01-3542, 01-3543 (Stanley Hall, Appellee/cross-Appellant v. Al Luebbers, Superintendent, Appellants/cross-Appellees)

BEAM, Circuit Judge,

dissenting from the denial of rehearing by the panel.

This matter is before the court, in part, on Luebbers’ petition for rehearing by the panel. The court, acting through a majority of the members of the panel, declines to grant rehearing, and from this decision, I respectfully dissent.