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DIGGS v. LYONS

No. 83-1803.

741 F.2d 577 (1984)

Charles DIGGS, Marvon Merritt, William Stovall and Leroy Edney v. Superintendent Edmond LYONS, Warden David Owens Deputy Warden Daughn, Sergeant Dunlevey, Correction Officers Wiley, Marlowe, Upshur, Vasquez, Bozack, Widdop and all unknown correctional officers. Appeal of Charles DIGGS, William Stovall and Leroy Edney.

United States Court of Appeals, Third Circuit.

Decided July 30, 1984.

Rehearing and Rehearing Denied August 30, 1984.

Attorney(s) appearing for the Case

Charles Diggs, pro se.

William Stovall, pro se.

Leroy Edney, pro se.

Thomas F. Crawford, Barbara W. Mather, City Sol. of Philadelphia, Barbara R. Axelrod, Deputy City Sol., Ralph J. Luongo, Asst. City Sol., Philadelphia, Pa., for appellees.

Before GIBBONS, GARTH and MARIS, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) May 14, 1984.

Rehearing and Rehearing In Banc Denied August 30, 1984.

OPINION OF THE COURT

MARIS, Circuit Judge.

The plaintiffs, Charles Diggs, Marvin Merritt, William Stovall and Leroy Edney, brought suit in the district court under 42 U.S.C. § 1983 alleging unconstitutional use of excessive force by the defendants in preventing their escape from Holmesburg county prison in Philadelphia and denial...

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