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BUTLER v. DOWD

Nos. 90-2090, 90-2091 and 90-2782.

979 F.2d 661 (1992)

Ivron BUTLER, Frank A. Ledferd, David Corder, Hershel Marsh, Appellants, Doyle Kirkman, Jay M. French, Appellant, v. Denis DOWD, Appellee, Daniel Henry, Phil Banks, Bruce Scott, Tim Sellars. Ivron BUTLER, Frank A. Ledferd, David Corder, Hershel Marsh, Appellees, Doyle Kirkman, Jay M. French, Appellee, v. Denis DOWD, Appellant, Daniel Henry, Phil Banks, Bruce Scott, Tim Sellars. Ivron BUTLER, Frank A. Ledferd, David Corder, Hershel Marsh, Doyle Kirkman, Jay M. French, Appellees, v. Denis DOWD, Appellant, Daniel Henry, Phil Banks, Bruce Scott, Tim Sellars.

United States Court of Appeals, Eighth Circuit.

Decided November 11, 1992.

Attorney(s) appearing for the Case

Michael J. Hoare, St. Louis, Mo., argued for Jay M. French, cross-appellee in 90-2090 and 90-2091.

Erwin A. Switzer, Asst. Atty. Gen., St. Louis, Mo., argued (Joseph M. Hepworth, Steven A. Nieters, Special Asst. Attys. Gen., on the brief), for appellee/cross-appellant.

Before RICHARD S. ARNOLD, Chief Judge, LAY and BRIGHT, Senior Circuit Judges, McMILLIAN, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, LOKEN, HANSEN, and MORRIS S. ARNOLD, Circuit Judges, En Banc.

MAGILL, Circuit Judge.

These prison inmates assert claims pursuant to 42 U.S.C. § 1983 against their custodians, the prison officials, for permitting them to be homosexually raped by other inmates in violation of their Eighth Amendment rights. Plaintiffs Frank Ledferd, David Corder, Hershel Marsh and Jay French appeal from the trial court's1 denial of their motions for a new trial on damages and for declaratory and injunctive relief...

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