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FRANKLIN v. AYCOCK

Nos. 85-5040, 85-5072.

795 F.2d 1253 (1986)

Marty O'Shea FRANKLIN, Plaintiff-Appellee, Cross-Appellant, v. Max AYCOCK, et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 15, 1986.

Attorney(s) appearing for the Case

N. Alan Lubin, Memphis, Tenn., for Sgt. D.H. Kelly.

H. Wallace Maroney, Jr. (Argued), Memphis, Tenn., for Gene Barksdale.

Marty O'Shea Franklin, pro se.

Carol S. Nickle (argued), Knoxville, Tenn., for Marty O'Shea Franklin.

Before CONTIE and RYAN, Circuit Judges, and BROWN, Senior Circuit Judge.

CONTIE, Circuit Judge.

The defendants, Max Aycock, et al., appeal and the plaintiff, Marty O'Shea Franklin, cross-appeals from the judgment of the district court entered in Franklin's action brought pursuant to 42 U.S.C. § 1983. Franklin, a state inmate, asserted two claims in his action. He alleged that prison officials physically beat him, violating his Eighth Amendment rights to be free from cruel and unusual punishment...

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