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WARREN v. HUMPHREY

Civ. A. No. 1:92cv414.

875 F.Supp. 378 (1995)

Milton Paul WARREN v. Richard HUMPHREY, et al.

United States District Court, E.D. Texas, Beaumont Division.

January 13, 1995.

Attorney(s) appearing for the Case

Milton Paul Warren, pro se and Karla J.M. Rogers, Vidor, TX, and Michael Abbott, Orange, TX, for Milton Paul Warren.

John Russell, Orange, TX, Allison Helen Fletcher, Asst. County Atty., Dist. Attorney's Office, Sequin, TX, for Rick Humphrey, Donald Harmon, Orange County, Ken Ray, Martin Smith, and Dennis Marlow.

Olen Kenneth Dodd, Asst. U.S. Atty., U.S. Attorney's Office, Beaumont, TX, for Eugene Rachal and Kenneth Weaver.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HINES, United States Magistrate Judge.

Plaintiff makes five separate claims of excessive force in violation of the Eighth Amendment. First, plaintiff alleges Sgt. Martin Smith kicked him in the head on April 13, 1992. Second, plaintiff asserts Officer Donald Harmon attacked him without provocation on May 25, 1992. Third, plaintiff asserts defendants Harmon and Captain Richard Humphrey used excessive force against...

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