CUNNINGHAM v. JONES

No. 80-3433.

667 F.2d 565 (1982)

Alford CUNNINGHAM, Plaintiff-Appellant, v. Russell JONES, Jailer; Hershel King, Deputy Jailer; Ed Luttell, Deputy Jailer, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 8, 1982.


Attorney(s) appearing for the Case

Oliver Barber, Jr., Louisville, Ky., for plaintiff-appellant.

E. W. Rivers, Paducah, Ky., for defendants-appellees.

Before EDWARDS, Chief Circuit Judge, ENGEL, Circuit Judge, and PECK, Senior Circuit Judge.


PER CURIAM.

Appellant Cunningham originally brought this § 1983 action in 1972 alleging that defendant jailers had violated his constitutional rights under the Eighth Amendment by serving him only one meal a day for 15 consecutive days during the month of April 1967.

The District Court had dismissed the action, holding that the facts alleged, if true, did not constitute cruel and unusual punishment. This court vacated and remanded for the District Court...

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