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ELLIS v. CAPPS

No. 73-3958.

500 F.2d 225 (1974)

Edward ELLIS, Plaintiff-Appellant, v. Walter T. CAPPS, Warden, Atmore State Prison, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 13, 1974.

Attorney(s) appearing for the Case

Melvin W. Brunson, Mobile, Ala. (Court-appointed), for plaintiff-appellant.

George W. Royer, Jr., William M. Bowen, Jr., Asst. Attys. Gen., Montgomery, Ala., Robert G. Kendall, Mobile, Ala., for defendant-appellee.

Before BROWN, Chief Judge, and RIVES and DYER, Circuit Judges.

DYER, Circuit Judge:

Edward Ellis, an Alabama state prisoner, brought a civil action against Walter Capps, Warden of the Atmore State Prison, for unconstitutionally relegating him to punitive isolation and for allegedly presiding over and directing a beating of Ellis following a disciplinary hearing. The case was tried before a jury, although the trial judge gave to the jury only the issues arising from the alleged assault and the court determined all issues with...

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