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LaFAUT v. SMITH

Nos. 86-7162, 87-7004 and 87-7005.

834 F.2d 389 (1987)

Randy Dean LaFAUT, Plaintiff-Appellant, v. William French SMITH; Margaret Hambrick; Bob Keiser, Defendants-Appellees. (Two Cases) Randy Dean LaFAUT, Plaintiff-Appellee, v. William French SMITH; Margaret Hambrick; Bob Keiser, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided December 2, 1987.

Attorney(s) appearing for the Case

Frank Caldwell Laney, Pembroke, N.C., for appellant.

Rudolf A. Renfer, Jr., Asst. U.S. Atty. (Samuel T. Currin, U.S. Atty., Raleigh, N.C., on brief), for appellee.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation; ERVIN, Circuit Judge, and HAYNSWORTH, Senior Circuit Judge.

POWELL, Associate Justice:

The primary question presented in this case is whether appellant, Randy Dean LaFaut, established that the treatment he received while incarcerated at the Federal Correctional Institution, Butner, North Carolina ("Butner") was cruel and unusual punishment in violation of the Eighth Amendment. We must also consider the questions whether the district court lacked jurisdiction to order a declaratory judgment in favor of appellant for a violation...

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