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CUNNINGHAM v. JONES

No. 76-2659.

567 F.2d 653 (1977)

Alford Lee CUNNINGHAM, Plaintiff-Appellant, v. Russell JONES, Jailer, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 6, 1977.

Attorney(s) appearing for the Case

Joseph G. Glass, Louisville, Ky., for plaintiff-appellant.

Albert Jones, Commonwealth's Atty., Second Judicial District of Kentucky, Paducah, Ky., for defendants-appellees.

Before EDWARDS, PECK and ENGEL, Circuit Judges.

EDWARDS, Circuit Judge.

Appellant Cunningham appeals after dismissal of his complaint, filed under 42 U.S.C. § 1983 (1970),1 alleging that defendant jailers violated his Eighth Amendment rights by subjecting him to cruel and unusual punishment. The District Judge, by stipulation of the parties, heard this complaint on the record of two prior state court habeas corpus actions which dealt with the same facts.

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