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SOTO v. DICKEY

Nos. 83-2380, 83-2381.

744 F.2d 1260 (1984)

Carlos S. SOTO and Robert DeMallory on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Walter J. DICKEY, Donald Clusen, and Gerald Heeringa, Defendants-Appellants. Carlos S. SOTO and Robert DeMallory on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Walter J. DICKEY, Donald Clusen, and Gerald Heeringa, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided September 20, 1984.

As Amended November 2, 1984.

Attorney(s) appearing for the Case

Peter L. Gardon, Whyte & Hirschboeck, Milwaukee, Wis., for plaintiffs-appellees.

John R. Sweeney, Wis. Dept. of Justice, Madison, Wis., for defendants-appellants.

Before FLAUM, Circuit Judge, PELL, Senior Circuit Judge, and KELLAM, Senior District Judge.

KELLAM, Senior District Judge.

Alleging violation of their constitutional rights under the Eighth and Fourteenth Amendments to the United States Constitution, and of Rules and Regulations of the Waupun Correctional Institution through the improper use of mace, a trade name for tear gas, and similar chemical agents, in the adjustment center at said institution in the State of Wisconsin, Carlos S. Soto and Robert DeMallory (Mallory) instituted a class action pursuant...

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