CLARK v. POULTON

No. 88-1177.

963 F.2d 1361 (1992)

James Edward CLARK, Plaintiff-Appellant, v. Robert POULTON, Utah State Corrections Department, David Jorgensen, Salt Lake County Sheriff's Office, and John Does I through X, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 11, 1992.


Attorney(s) appearing for the Case

Jeffrey A. Chase and Edwin P. Aro of Holme Roberts & Owen, Denver, Colo., for plaintiff-appellant.

David E. Yocom, Salt Lake County Atty., and Jerry G. Campbell, Deputy County Atty., Salt Lake City, Utah, for defendants-appellees, Salt Lake County Sheriff's Office and David Jorgensen.

R. Paul Van Dam, Atty. Gen., and Brent A. Burnett, Assistant Atty. Gen., Salt Lake City, Utah, for defendants-appellees, Robert Poulton and Utah State Corrections Dept.

Before HOLLOWAY, SEYMOUR, and ANDERSON, Circuit Judges.


ON PETITION FOR REHEARING

STEPHEN H. ANDERSON, Circuit Judge.

This case is before us on rehearing to consider the application of two decisions by the United States Supreme Court, McCarthy v. Bronson, ___ U.S. ___, 111 S.Ct. 1737, 114 L.Ed.2d 194 (1991), and Peretz v. United States, ___ U.S. ___, 111 S.Ct. 2661, 115 L.Ed.2d 808 (1991), issued since the previous opinion by the panel in this case. Clark v. Poulton, 914 F...

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