
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, October 9, 1993                   TAG: 9310090177
SECTION: NATIONAL/INTERNATIONAL                    PAGE: A-2   EDITION: METRO 
SOURCE: Associated Press
DATELINE: WASHINGTON                                LENGTH: Short

MAN WHO SAYS HE SOLD POT TO QUAYLE LOSES IN COURT

A divided federal appeals court dismissed a lawsuit Friday by an inmate who said prison officials disciplined him during the 1988 presidential campaign to squelch allegations he sold marijuana to Dan Quayle.

By a 2-1 vote, the U.S. Circuit Court of Appeals here said Brett Kimberlin's claims that his rights were violated are based on insufficient evidence to warrant a trial against former Bureau of Prisons' director J. Michael Quinlan and former Justice Department spokesman Loye Miller.

"Kimberlin relies only on inference and weak circumstantial evidence," said Judge Karen LeCraft Henderson in an opinion.

A month ago, Justice Department Inspector General Richard Hankinson concluded that officials unfairly disciplined Kimberlin. But Hankinson said there was no "conspiracy to silence" the inmate when Quayle was running for vice president on the Republican ticket with George Bush.

Quinlan canceled a Nov. 4, 1988, prison news conference at which Kimberlin planned to make public his allegations about Quayle. Quinlan also ordered Kimberlin placed in a special detention cell that night at the Federal Correctional Institution in El Reno, Okla.

Kimberlin claimed he sold marijuana to Quayle years ago when the former vice president was a law school student. Quayle has denied the allegation. The Drug Enforcement Administration concluded Kimberlin's claim was false.

Kimberlin is serving 51 years for convictions including drug conspiracy and eight Indiana bombings and has been in jail since 1980.

by CNB