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SWAN v. U.S.

No. C 99-5401 MJJ.

159 F.Supp.2d 1174 (2001)

Eugene Oliver SWAN, Plaintiff, v. UNITED STATES of America, et al., Defendants.

United States District Court, N.D. California.

March 21, 2001.

Attorney(s) appearing for the Case

C. Brooks Cutter, Friedman, Collard, Cutter & Panneton, Sacramento, CA, for Plaintiff.

Neal A. Rubin, U.S. Attorney's Office, San Jose, CA, for Defendants.

ORDER GRANTING DEFENDANTS UNITED STATES OF AMERICA AND LINDA YOUNG-MILLER, PH.D.'s MOTION FOR SUMMARY JUDGMENT

JENKINS, District Judge.

Before the Court is defendants United States of America and Linda Young-Miller, Ph.D.'s ("Young-Miller") motion for summary judgment. The defendants contend that plaintiff Eugene Oliver Swan's ("Swan") claim for violation of the Eighth Amendment to the United States Constitution against Young-Miller fails because she is...

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