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HOWARD v. BARNETT

No. 93-2147.

21 F.3d 868 (1994)

Keith HOWARD, Appellee, v. C.O. II BARNETT, Appellant. C.C.O. I Johnson; C.O. I Malone, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided April 22, 1994.

Attorney(s) appearing for the Case

Stewart M. Freilich, Jefferson City, MO, argued, for appellant.

Bradley S. Russell, Kansas City, MO, argued, for appellee.

Before McMILLIAN, JOHN R. GIBSON, and BOWMAN, Circuit Judges.

BOWMAN, Circuit Judge.

Keith Howard, a Missouri prisoner, sued Terry Barnett, a Missouri corrections officer, claiming that Barnett violated the Cruel and Unusual Punishments Clause of the Eighth Amendment of the United States Constitution by using excessive force against him. The jury rendered a verdict in Howard's favor, and Barnett appeals. We reverse and remand for a new trial.

I.

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