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GIBBS v. FRANKLIN

No. 93-1907.

18 F.3d 521 (1994)

Floyd B. GIBBS, Plaintiff-Appellant, v. James A. FRANKLIN, Ronald A. Pitcock, Dickie D. Niece, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 18, 1994.

Attorney(s) appearing for the Case

Richard A. Waples (argued), Hamid Kashani, Indianapolis, IN, for plaintiff-appellant.

Wayne E. Uhl, Deputy Atty. Gen. (argued), Federal Litigation, Indianapolis, IN, for defendants-appellees.

Before COFFEY and EASTERBROOK, Circuit Judges, and CURTIN, District Judge.

COFFEY, Circuit Judge.

Prison inmate Floyd B. Gibbs, after being beaten by fellow prisoners, sued four guards at the Indiana State Prison Farm in Putnamville, Indiana (James A. Franklin, Ronald A. Pitcock, Dickie D. Niece, and Arthur P. Like) in their individual capacities under 42 U.S.C. § 1983. Gibbs's suit alleged that the four guards witnessed the beating and refused to intervene, thereby violating his eighth amendment right to be free of cruel and unusual...

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