SMITH v. NORRIS

No. PB-C-93-731.

877 F.Supp. 1296 (1995)

Ernest SMITH and Jimmy Rudd, Plaintiffs, v. Larry NORRIS, Former Acting Director and Current Director of the Arkansas Department of Correction; Willis H. Sargent, Former Warden of the Cummins Unit of the Arkansas Department of Correction; Major A.J. Hall, Chief of Security; Lieutenant R.R. Wood, Shift Supervisor; J. Cleveland, Guard; John Hood, Officer; James Banks, Classification and Assignment Officer; and Dale Reed, Warden, Cummins Unit of the Arkansas Department of Correction, Defendants.

United States District Court, E.D. Arkansas, Pine Bluff Division.

February 23, 1995.


Attorney(s) appearing for the Case

Paul J. James, Sherman, James & Yeatman, Hugh E. Crisp, Little Rock, AR, for plaintiffs.

Kyle Ray Wilson, Atty. General's Office, Little Rock, AR, for defendants.


MEMORANDUM OPINION

EISELE, District Judge.

INTRODUCTION

The evidentiary hearing which was conducted from February 13, 1995, until February 17, 1995, was first considered because of some unresolved factual issues which arose in connection with the parties' various motions for summary judgment. However, in light of the scheduled trial of Mr. Rudd's cause of action for declaratory and injunctive relief and the defendants' claims of qualified...

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