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ASWEGAN v. HENRY

No. 94-1824.

49 F.3d 461 (1995)

Raymond W. ASWEGAN, Plaintiff-Appellee, v. John HENRY, Deputy Warden; John Emmett; Arthur Anderson; Sgt. Gutman; Robert Washington; and Roger Lawson, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 10, 1995.

Attorney(s) appearing for the Case

Suzie Ann Berregaard Thomas, Asst. Atty. Gen., Des Moines, IA, argued, for appellants.

Jeffrey M. Lipman, Des Moines, IA, argued, for appellee.

Before FAGG, WOLLMAN, and HANSEN, Circuit Judges.

HANSEN, Circuit Judge.

The defendants appeal the magistrate judge's order1 granting an injunction in favor of Raymond Aswegan on his complaint under 42 U.S.C. § 1983 that the defendants subjected him to cruel and unusual punishment in violation of the Eighth Amendment. The magistrate judge found that the defendants violated Aswegan's Eighth Amendment rights by routinely placing him in a small shower stall during cell "shakedowns"...

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