CAMPBELL v. GRAMMER

Nos. 87-2680, 87-2681.

889 F.2d 797 (1989)

Richard CAMPBELL, Appellee, Michael Ricardo Leviston, Robert L. Garza, Marquis Washington, Juan Bradley, David Ditter, Larry Harrington, Dennis Mikulecky and Doug Schweitzer, Appellees, v. Gary GRAMMER, individually and in his official capacity as Warden of Nebraska State Penitentiary; Harold Clarke, individually and in his official capacity as Associate Warden; Adelbert Knight, individually and in his official capacity as correctional officer; Lt. Dean Naylor, individually and in his official capacity as correctional officer; Capt. Steve Phillips, individually and in his official capacity as correctional officer; Angelo Vinci, individually and in his official capacity as correctional officer; Robert Linville, individually and in his official capacity as correctional officer; Frank Holland, individually and in his official capacity as correctional officer; Steve Simmons, individually and in his official capacity as correctional officer, Appellants, Corp. Robert McPherson, individually and in his official capacity as correctional officer at the Nebraska State Penitentiary; Roger Bauer, individually and in his official capacity as correctional officer at the Nebraska State Penitentiary; Robert Bearden, individually and in his official capacity as correctional officer at the Nebraska State Penitentiary; Lynn Wright, individually and in his official capacity as correctional officer at the Nebraska State Penitentiary; Elaine Ringer, individually and in her official capacity as correctional officer at the Nebraska State Penitentiary; Sergeant Ronald Moody, individually and in his official capacity as correctional officer at the Nebraska State Penitentiary; Corp. David Peters, individually and in his official capacity as correctional officer at the Nebraska State Penitentiary; Corporal Piper, individually and in his official capacity as correctional officer at the Nebraska State Penitentiary; Lt. Frederickson, individually and in his official capacity as correctional officer at the Nebraska State Penitentiary; Daniel Danaher, Physician's Assistant, individually and in his official capacity as physician's assistant at Nebraska State Penitentiary; and Will Curtis, individually and in his official capacity as correctional officer at the Nebraska State Penitentiary. Richard CAMPBELL, Appellant, Michael Ricardo Leviston, Robert L. Garza, Marquis Washington, Juan Bradley, David Ditter, Larry Harrington, Dennis Mikulecky and Doug Schweitzer, Appellants, v. Gary GRAMMER, individually and in his official capacity as Warden of Nebraska State Penitentiary; Harold Clarke, individually and in his official capacity as Associate Warden; Adelbert Knight, individually and in his official capacity as correctional officer; Lt. Dean Naylor, individually and in his official capacity as correctional officer; Capt. Steve Phillips, individually and in his official capacity as correctional officer; Angelo Vinci, individually and in his official capacity as correctional officer; Robert Linville, individually and in his official capacity as correctional officer; Frank Holland, individually and in his official capacity as correctional officer; Steve Simmons, individually and in his official capacity as correctional officer, Appellees, Corp. Robert McPherson, individually and in his official capacity as correctional officer at the Nebraska State Penitentiary; Roger Bauer, individually and in his official capacity as correctional officer at the Nebraska State Penitentiary; Robert Bearden, individually and in his official capacity as correctional officer at the Nebraska State Penitentiary; Lynn Wright, individually and in his official capacity as correctional officer at the Nebraska State Penitentiary; Elaine Ringer, individually and in her official capacity as correctional officer at the Nebraska State Penitentiary; Sergeant Ronald Moody, individually and in his official capacity as correctional officer at the Nebraska State Penitentiary; Corp. David Peters, individually and in his official capacity as correctional officer at the Nebraska State Penitentiary; Corporal Piper, individually and in his official capacity as correctional officer at the Nebraska State Penitentiary; Lt. Frederickson, individually and in his official capacity as correctional officer at the Nebraska State Penitentiary; Daniel Danaher, Physician's Assistant, individually and in his official capacity as physician's assistant at Nebraska State Penitentiary; and Will Curtis, individually and in his official capacity as correctional officer at the Nebraska State Penitentiary.

United States Court of Appeals, Eighth Circuit.

Decided November 21, 1989.


Attorney(s) appearing for the Case

Sharon M. Lindgren, Lincoln, Neb., for appellant.

Timothy L. O'Neill, Lincoln, Neb., for appellee.

Before WOLLMAN, Circuit Judge, FLOYD R. GIBSON and BRIGHT, Senior Circuit Judges.


WOLLMAN, Circuit Judge.

Nebraska State Penitentiary employees Angelo Vinci, Robert Linville, Frank Holland, and Steve Simmons, appeal the district court's1 finding that they violated the constitutional and statutory rights of eight inmates during a prison lockdown. They also argue that the award of attorneys' fees was excessive. The inmates cross-appeal the court's denial of several of their claims. We affirm in part and reverse in part...

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