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MILLER v. SOLEM

No. 83-1497-SD.

728 F.2d 1020 (1984)

John Everett MILLER, Appellant, v. Herman SOLEM, Warden, South Dakota State Penitentiary, and Gay Krull, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 23, 1984.

Rehearing Denied March 22, 1984.

Attorney(s) appearing for the Case

Lon J. Kouri, May, Johnson, Doyle & Becker, P.C., Sioux Falls, S.D., for appellant.

Mark V. Meierhenry, Atty. Gen., Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, S.D., for appellees.

Before BRIGHT, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and HANSON, Senior District Judge.

FLOYD R. GIBSON, Senior Circuit Judge.

John E. Miller, an inmate at the South Dakota State Penitentiary, appeals from the district court's summary judgment dismissal of his pro se § 1983 suit against defendants Warden Herman Solem and prison staff member Gay Krull for damages sustained as a result of being stabbed by a fellow inmate. We affirm.

Viewing the undisputed material facts in a light most favorable to Miller, we conclude that defendants...

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