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CUMMINGS v. MALONE

No. 92-2699.

995 F.2d 817 (1993)

Rederick E. CUMMINGS, Appellee, v. Robert MALONE; Harry Lloyd, Cpt.; James Eberle, Defendants, Michael L. Plemmons; Scott L. Lawson, Appellants, Tony Lander; Steve Lingo, CO; George Adams; David Corum; Gary Blank; Phillip Vance; Arthur W. Dearixon; James Bohannon; Richard Corser; Lewis Foxworth; William L. Rutledge; Louis Ferguson, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided June 9, 1993.

Rehearing and Suggestion for Rehearing Denied July 19, 1993.

Attorney(s) appearing for the Case

Michael Pritchett, Jefferson City, MO, argued, for appellant.

There was no argument presented on behalf of the appellee.

Before McMILLIAN, MAGILL, and LOKEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied July 19, 1993.

MAGILL, Circuit Judge.

Michael Plemmons and Scott Lawson (collectively appellants) appeal from the judgment entered upon a jury verdict finding them liable for violating the Eighth Amendment rights of appellee Rederick Cummings and awarding nominal damages to Cummings. Appellants claim that the district court erred (a) by improperly instructing the jury on the mental state necessary to prove...

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