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CAY v. ESTELLE

No. 84-2362.

789 F.2d 318 (1986)

Kevin Michael CAY, Plaintiff-Appellant, v. W.J. ESTELLE, Jr., Director, Texas Department of Corrections, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 12, 1986.

Attorney(s) appearing for the Case

Vicki Birenbaum, Sewell & Riggs, Houston, Tex. (Court-appointed), for plaintiff-appellant.

Robin Sanders, Scott Klippel, Mike Lynch, Asst. Attys. Gen., Austin, Tex., for defendants-appellees.

Before WISDOM, REAVLEY and JOHNSON, Circuit Judges.

REAVLEY, Circuit Judge:

Plaintiff Kevin Michael Cay, an inmate at the Texas Department of Corrections (TDC), brought an action under 42 U.S.C. § 1983 (1982) against several prison officials, alleging principally that he was physically assaulted in violation of the Eighth Amendment. After an evidentiary hearing, a magistrate recommended dismissal of Cay's complaint based on a determination of the credibility of the witnesses. The district court adopted the magistrate...

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