FOX v. SULLIVAN

No. 75-2389.

539 F.2d 1065 (1976)

Donald Lee FOX, Plaintiff-Appellant, v. L. B. SULLIVAN, Commissioner, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 30, 1976.


Attorney(s) appearing for the Case

Donald Lee Fox, pro se.

William R. Lauten, Mobile, Ala. (Court-appointed), for plaintiff-appellant.

Jerry L. Weidler, Asst. Atty. Gen., William Baxley, Atty. Gen., Montgomery Ala., for defendant-appellee.

Before BROWN, Chief Judge, and JONES and GOLDBERG, Circuit Judges.


JONES, Circuit Judge:

The appellant, Donald Lee Fox, was an inmate of a state prison at Atmore, Alabama. He brought an action under 42 U.S.C.A. § 1983 against officials and officers of the Alabama prison system including prison guard W. C. Blackburn and Lieutenant F. R. Johnson. Fox asserted that Officer Blackburn negligently permitted another inmate to attack and stab him with the result that he was seriously injured. Fox

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