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THOMPSON v. NIX

No. 89-1817.

897 F.2d 356 (1990)

Timothy THOMPSON, Appellant, v. Crispus NIX; John Henry; John Emmett; Shift Supervisor "Unknown"; Team Members — Lawson, Snider & Spangler; Marty Rung; Rich Barlow; Officer Schneider; Officer Burns, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 1, 1990.

Attorney(s) appearing for the Case

Mark C. Feldmann, Des Moines, Iowa, for appellant.

Susan Achen, Des Moines, Iowa, for appellees.

Before BOWMAN and WOLLMAN, Circuit Judges, and HEANEY, Senior Circuit Judge.

PER CURIAM.

Timothy Thompson, an Iowa prisoner, appeals from a final order of the District Court dismissing his 42 U.S.C. § 1983 suit following an evidentiary hearing before a magistrate. Thompson alleged in his complaint that Iowa prison officials violated his eighth and fourteenth amendment rights by physically assaulting him on two occasions. Because the magistrate's report and recommendation contained factual errors, we vacate the District Court's order adopting...

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