BRANCHCOMB v. BREWER

No. 81-1786.

669 F.2d 1297 (1982)

Ronald Lee Roy BRANCHCOMB, Appellant, v. Lou BREWER, James Menke, and Charles Wilkins, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 11, 1982.


Attorney(s) appearing for the Case

Gordon E. Allen, argued, Allen, Babich & Bennett, Des Moines, Iowa, for plaintiff-appellant.

Thomas J. Miller, Atty. Gen. of Iowa, John G. Black, Sp. Asst. Atty. Gen., Jonathan Golden, Asst. Atty. Gen., argued, Des Moines, Iowa, for defendants-appellees.

Before LAY, Chief Judge, ARNOLD, Circuit Judge, and WOODS, District Judge.


PER CURIAM.

This is a 42 U.S.C. § 1983 action brought by an Iowa inmate against the Warden and other officials of the Iowa Men's Penitentiary. Plaintiff claims that he has been assaulted and homosexually raped and that defendants are at fault. Defendants' conduct in permitting plaintiff to be exposed to the inmates who attacked him is said to have violated the Fifth and Eighth Amendments, as made applicable to the States by the Fourteenth.

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