LITTLEWIND v. RAYL

No. 93-3759.

33 F.3d 985 (1994)

Eugene LITTLEWIND, Appellee, v. Richard RAYL, Director of Security, North Dakota State Penitentiary; Terry Haines, Warden of North Dakota State Penitentiary; Bob Coad, Director of Security, North Dakota State Penitentiary; Cordell Stromme, North Dakota State Penitentiary staff person; Daryle Fisher, North Dakota State Penitentiary staff person; Bill Wilz; Linda Leuwer, North Dakota State Penitentiary staff person; Stan Cadotte, North Dakota State Penitentiary staff person, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided August 29, 1994.

Rehearing Denied October 4, 1994.


Attorney(s) appearing for the Case

William G. Peterson, Bismarck, ND, argued (JoAnn C. Toth, on the brief), for appellants.

Donald R. Becker, Fargo, ND, argued for appellee.

Before FAGG, Circuit Judge, ROSS, Senior Circuit Judge, and BEAM, Circuit Judge.


ROSS, Senior Circuit Judge.

On April 5, 1988, Eugene Littlewind and three other inmates at the North Dakota State Penitentiary assaulted a prison guard. Littlewind was thereafter restrained naked for approximately seven hours in four-point restraint, twenty-three hours in three-point restraint, and seven days in handcuffs and leg irons. During this time, Littlewind was denied clothing or a toothbrush for six days and was denied even a blanket for two days.

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