COLEMAN, Circuit Judge.
Johnny Clemmons lost a suit for damages for an alleged infliction of cruel and inhuman punishment by an Alabama state prison guard and he appeals.
The case was tried to the District Judge, without a jury. The Court found that "the defendant Greggs' conduct was not motivated by malice or ill will, nor did he intend by his action to punish the plaintiff. He probably overreacted and exercised poor judgment for which he has been disciplined...
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