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HICKEY v. REEDER

No. 92-3737.

12 F.3d 754 (1993)

J.B. HICKEY, Appellant, v. Sgt. REEDER; Pulaski County Jail, Little Rock, Arkansas; Deputy Marin, Jailor, Pulaski County Jail, Little Rock, Arkansas; Cpt. Carlton, Pulaski County Jail, Little Rock, Arkansas, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 20, 1993.

Rehearing Denied February 1, 1994.

Attorney(s) appearing for the Case

Howard B. Eisenberg, Little Rock, AR, argued, for appellant.

David M. Fuqua, North Little Rock, AR, argued, for appellees.

Before BOWMAN, Circuit Judge, HEANEY, Senior Circuit Judge, and BEAM, Circuit Judge.

BEAM, Circuit Judge.

When J.B. Hickey refused to sweep his cell at the Pulaski County Jail in Little Rock, Arkansas, jail officials shot him with a stun gun. The district court determined that this did not violate his Eighth Amendment right to be free from cruel and unusual punishment. We disagree and remand for a determination of damages.

I. BACKGROUND

Hickey had been convicted of a crime, sentenced to a...

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