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DARBIN v. NOURSE

No. 79-4357.

664 F.2d 1109 (1981)

Floyd DARBIN, Plaintiff-Appellant, v. George NOURSE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 28, 1981.

Attorney(s) appearing for the Case

Stephen L. Pevar, American Civil Liberties Union, Denver, Colo., for plaintiff-appellant.

John P. Howard, Boise, Idaho, argued for defendant-appellee; Robert A. Anderson, Boise, Idaho, on brief.

Before CHOY, KENNEDY, and REINHARDT, Circuit Judges.

I.

REINHARDT, Circuit Judge:

Appellant, Floyd Darbin, sued his former jailer, George Nourse, in a civil rights action brought pursuant to 42 U.S.C. § 1983. Darbin alleged that, while he was an inmate of the Canyon County, Idaho jail, Nourse, the County Sheriff, assaulted him, battered him and, for several months thereafter, withheld his mail and visitation rights. Following a three day jury trial, a verdict was rendered in favor of Nourse. On appeal...

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