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Peterson v. Ward8/16/2002
tain rights. His action is best characterized as a claim typically brought in federal court under Title 42 U.S.C. ยง1983 which creates an action for damages and injunctive relief against individuals and governmental bodies that act under color of any statute, ordinance, regulation, custom or usage to deprive a person of any rights, privileges or immunities secure by the Constitution and law.
We agree with the trial court that Peterson's demand to be transferred back to the prison where he was formerly housed and enrolled in its mental health program must first be considered and disposed of through the administrative procedures of the DOC.
Conclusion
For the above assigned reasons, the judgment of the district court is affirmed.
AFFIRMED.
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