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GARZA v. HENDERSON

No. 85-1167.

779 F.2d 390 (1985)

Albert GARZA, Plaintiff-Appellant, v. J.D. HENDERSON, S.R. Witkowski, George Wilkinson, R.M. Carey, and J.J. Clark, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 13, 1985.

As Corrected December 17, 1985.

Attorney(s) appearing for the Case

Howard B. Eisenberg, Carbondale, Ill., for plaintiff-appellant.

Richard H. Lloyd, Asst. U.S. Atty., Frederick J. Hess, U.S. Atty., East St. Louis, Ill., for defendants-appellees.

Before CUDAHY, COFFEY, Circuit Judges, and PELL, Senior Circuit Judge.

COFFEY, Circuit Judge.

The plaintiff, Albert Garza, an inmate at the Federal Penitentiary in Marion, Illinois, appeals the district court's decision granting summary judgment in favor of the defendants and dismissing his civil rights action. We affirm.

I

The record reveals that the plaintiff escaped from the United States Penitentiary at Marion, Illinois on February 14, 1979 and was captured three days later on February 17, 1979 following a gun battle...

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