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WILKINS v. MOORE

No. 94-1375.

40 F.3d 954 (1994)

Courtney WILKINS, Appellee, v. Dick MOORE; George Lombardi; Paul K. Delo; Phillip Nixon; Lonnie Salts; James McGinley, COII, Defendants, David McPeak, Appellant, Beverly Howell, COII; Wanda Davis; Donnie Taylor; Greg Wilson; Fred Treece, Defendants, Norma Lavrrar, Appellant, Ralph Nichols; Pedro Cayabyab, Dr.; Charles Harris; Ray Pogue; Betty Weber; Donna McCondichie; Sharon Perkins, COIII; Diana Pashea; Linda Wilkson; William Armontrout; Ben Davis; Fred Johnson; Rick Jones; Donald Petrie; Rick Coleman; James Amacker; Brian Allen; Ronda Pash; Unknown Kuhz, COI, Defendants, Carl McCory, COI, Appellant, Unknown Ester, Defendant, James Herman, COI, Appellant, Diane Bingham; Unknown Pulliam, COI; Unknown Majors, COII, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided November 25, 1994.

Attorney(s) appearing for the Case

Deborah Yates, St. Louis, MO, argued for appellant.

Alan Koshner, St. Louis, MO, argued (Leonard W. Buckley, Jr., on the brief), for appellee.

Before McMILLIAN, Circuit Judge, BRIGHT, Senior Circuit Judge, and LOKEN, Circuit Judge.

BRIGHT, Senior Circuit Judge.

Courtney Wilkins, a Missouri prisoner, filed this action under 42 U.S.C. § 1983 and 28 U.S.C. § 1343 against prison guards and others alleging that the guards beat and abused him in violation of his eighth amendment right as a prisoner to be free from cruel and unusual punishment. Wilkins asserted several claims: assault (count 1); depriving him of clothing (count 2); denial of medical care (count 3); and denial of procedural...

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