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BONNER v. COUGHLIN

No. 74-1422.

545 F.2d 565 (1976)

Alonzo BONNER, Plaintiff-Appellant, v. Joseph COUGHLIN et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 28, 1976.

Amendment on Rehearing Denied November 18, 1976.

Attorney(s) appearing for the Case

Kenneth N. Flaxman, Thomas R. Meites, Chicago, Ill., for plaintiff-appellant; Frank S. Merritt, Prisoners Legal Assistance, Chicago, Ill., on the brief amicus curiae.

William J. Scott, Atty. Gen., Jayne A. Carr, Asst. Atty. Gen., Chicago, Ill., for defendants-appellees.

Before FAIRCHILD, Chief Judge, and SWYGERT, CUMMINGS, PELL, SPRECHER, TONE and BAUER, Circuit Judges.

CUMMINGS, Circuit Judge.

The facts are fully stated in the panel opinion (517 F.2d 1311 (7th Cir. 1975)) and need not be restated in detail. The sole question before us en banc is whether Bonner may recover damages under 42 U.S.C. § 1983 for the loss of a copy of his trial transcript because Illinois prison guards had negligently left his cell door open after a security search. Bonner asserts that this was a taking of...

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