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CHILDS v. PELLEGRIN

No. 84-5605.

822 F.2d 1382 (1987)

Edward R. CHILDS, Jr., Plaintiff-Appellant, v. Ernest PELLEGRIN, State Commissioner of Corrections; William Long, former State Commissioner of Corrections; Ron Bishop, Director of Programs; Dick Baumbach, Public Information Officer; Herman C. Davis, Warden, Fort Pillow State Farm; Kay Bradshaw; Davis Mills; Ross Bates; Marvin Smith; Bill Howell; Charles Cubine; Charles Piphus; Wayne Carpenter; Jim Rose, former Warden of Tennessee State Prison; Michael Dutton, Warden, Tennessee State Prison; James L. Vandever; Fort Pillow State Farm Tactical Squad; Lake County Regional Facility Tactical Squad, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 24, 1987.

Attorney(s) appearing for the Case

David Himmelreich, Atty. Gen., Nashville, Tenn., for Ernest Pellegrin.

Robert B. Littleton, Nashville, Tenn., for Ron Bishop and Dick Baumbach.

Patrick T. Nesbitt, Cincinnati, Ohio, for Edward R. Childs, Jr.

Bob Lynch, Jr., Nashville, Tenn., for Rose, Dutton and Vandever.

C. Hayes Cooney, Matthew J. Sweeney, III, Cyrus R. Booker, Nashville, Tenn., for Lake Co. Tactical and Ft. Pillow Tactical.

Before JONES and RYAN, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

RYAN, Circuit Judge.

Plaintiff Childs, a prisoner in the Tennessee State prison system, appeals the dismissal of his civil rights complaint under 42 U.S.C. § 1983. We reverse.

I.

On July 11, 1983, Childs was a prisoner in the Fort Pillow State Prison in Tennessee, assigned to an outdoor work detail. He was standing in the prison yard when that work detail was ordered to report for duty. On this particular day, in keeping with an inmate-initiated...

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