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BRANCHCOMB v. BREWER

No. 81-1786.

683 F.2d 251 (1982)

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

United States Court of Appeals, Eighth Circuit.

Decided July 14, 1982.

Attorney(s) appearing for the Case

Gordon E. Allen, 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., Des Moines, Iowa, for defendants-appellees.

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

ARNOLD, Circuit Judge.

In this action under 42 U.S.C. § 1983, plaintiff seeks damages from officials of the Iowa State Penitentiary for their failure to protect him from homosexual rapes perpetrated by other inmates. After oral argument, we remanded the cause to the District Court1 with directions to make more specific findings as to defendants' state of mind. We explained that "plaintiff must show something more than mere inadvertence...

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