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NELSON v. JASHUREK

No. 96-3599.

109 F.3d 142 (1997)

Carl NELSON, Appellant, v. George JASHUREK, Patrolman, Appellee.

United States Court of Appeals, Third Circuit.

Decided March 18, 1997.

Attorney(s) appearing for the Case

Carl Nelson, Huntingdon, PA, pro se.

Kathryn J. Kisak, Quinn, Buseck, Leemhuis, Toohey & Kroto, Erie, PA, for appellee.

Before GREENBERG, LEWIS and McKEE, Circuit Judges.

Submitted under Third Circuit LAR 34.1(a) February 19, 1997.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. BACKGROUND

Carl Nelson appeals from an order for summary judgment entered on September 19, 1996, in this action under 42 U.S.C. § 1983 ("section 1983"). On April 18, 1995, Nelson filed this action against George Jashurek under the Eighth Amendment to the Constitution. In his complaint Nelson set forth that Jashurek...

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