STACK v. MARTINEZ

No. 17878.

639 P.2d 154 (1981)

Brian STACK, Plaintiff and Appellant, v. Gregory MARTINEZ, Guard, Utah State Prison, Defendant and Respondent.

Supreme Court of Utah.

December 8, 1981.


Attorney(s) appearing for the Case

Brian Stack, pro se.

David L. Wilkinson, Atty. Gen., Douglas C. Richards, Asst. Atty. Gen., Salt Lake City, for defendant and respondent.


PER CURIAM:

Appellant, a prisoner at the Utah State Prison, brought this action against respondent, a guard at the prison, pursuant to 42 U.S.C. § 1983, alleging that his Eighth Amendment Constitutional rights had been violated. The question presented is whether the conduct of respondent, assuming the facts in appellant's favor,1 is such as to constitute cruel and unusual punishment.

The facts, as alleged by appellant, are...

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