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DOUGLAS v. OWENS

No. 94-7406.

50 F.3d 1226 (1995)

Andre DOUGLAS v. David S. OWENS; Robert M. Freeman; Richard C. Smith; Lt. Deitrich; Lt. Orwig; Griffith; Horning; Simoncini; Ardabell; Bera; Enriquez; Kim Wilson; Sowell; C.O. Powell; C.O. Smith; Lt. Spells; John Does, Ronald Griffith; Christopher Simoncini; Jose Luis Enriquez; Carl Ardabell, Appellants.

United States Court of Appeals, Third Circuit.

Decided March 24, 1995.

Attorney(s) appearing for the Case

Eileen E. Wiggins (argued), Williams & Cuker, Philadelphia, PA, for appellee Andre Douglas # AY-7089.

John G. Knorr, III, Sandra W. Stoner, Gregory R. Neuhauser (argued), Office of the Atty. Gen. of Pennsylvania, Harrisburg, PA, for appellants Ronald Griffith, Christopher Simoncini, Carl Ardabell, Jose Luis Enriquez.

Before: COWEN, NYGAARD and ALITO, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

This civil rights action was filed with the United States District Court for the Middle District of Pennsylvania pursuant to 42 U.S.C. § 1983 by a state prisoner who alleges that he was beaten by numerous prison guards in the aftermath of a prison riot. The prison guards appeal the jury verdict and entry of judgment in favor of the plaintiff. We are called on to determine whether the district court: (1) abused...

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