FAY, Circuit Judge:
Appellant, Evelyn Gullatte, as Administratrix of the Estate of Robert Gullatte (Gullatte) deceased, sued appellee, John Nagle (Nagle), alleging that Nagle's intentional, wanton, or negligent conduct, resulting in Gullatte's death, was cruel and unusual punishment under the eighth amendment, and thus a violation of the latter's civil rights, 42 U.S.C. § 1983. A hearing was held before a United States Magistrate who, concluding that appellant...
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