LAIR v. OGLESBY

No. 93-1097.

14 F.3d 15 (1993)

Donnie LAIR, Appellant, v. Dr. OGLESBY, Psychiatrist, Maximum Security Unit; Arkansas Department of Correction; Mark Jimmerson, formerly a Corrections Officer at the Maximum Security Unit; Larry Norris, Now Assistant Director, Arkansas Department of Corrections and formerly Warden, Maximum Security Unit; A.L. Lockhart, Director, Arkansas Department of Corrections, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 30, 1993.


Attorney(s) appearing for the Case

Clint Saxton, West Memphis, AR, argued, for appellant.

David B. Eberhard, Asst. Atty. Gen., Little Rock, AR, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.


JOHN R. GIBSON, Circuit Judge.

We revisit the case of Lair v. Oglesby, in which an Arkansas prison inmate sues the prison psychiatrist for requiring him to take prolixin, a drug used to treat psychosis. Lair originally asserted due process and Eighth Amendment claims (by way of 42 U.S.C. § 1983 (1988)) based on the original prescription and administration of the drug. The district court1 dismissed Lair's case for failure to...

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