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LATIOLAIS v. WHITLEY

No. 95-30639.

93 F.3d 205 (1996)

Dale J. LATIOLAIS; Vincent A. Simmons, Plaintiffs-Appellants, v. John P. WHITLEY, Warden; Leslie Dupont, Major; Johnny Butler, Captain; A. Menzina, Captain; Unknown Rachel, Supervisor; Eddie Veala, EMT; Douglas Durett, Defendants-Appellees, D. Norman, Dietitian; Unknown Durett, Class Officer; Unknown Bernard, D.B. Member, Defendants.

United States Court of Appeals, Fifth Circuit.

September 3, 1996.

Attorney(s) appearing for the Case

Dale J. Latiolais, Angola, LA, Pro Se.

Vincent A. Simmons, Angola, LA, Pro Se.

Rose Polito Wooden, Assistant Attorney General, Louisiana Department of Justice, Division of Risk Litigation, Baton Rouge, LA, for John P. Whitley, Leslie Dupont, Johnny Butler, A. Menzina, Unknown Rachel, D. Norman, Unknown Durrett, Eddie Veala.

Before WISDOM, EMILIO M. GARZA, and PARKER, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Plaintiffs Dale J. Latiolais and Vincent A. Simmons appeal from a jury verdict rejecting their claims for damages under 42 U.S.C. § 1983. We reverse and remand for a new trial.

I

Latiolais and Simmons were inmates at the Louisiana State Penitentiary at Angola. About half the inmates at the penitentiary, including Latiolais and Simmons, became sick due to an incident of food poisoning. The day of the incident,...

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