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WASHINGTON v. WILSON

No. 94-2493.

46 F.3d 39 (1995)

James WASHINGTON, Jr., Plaintiff-Appellee v. Gregory WILSON, Individually and in his Official Capacity as Investigator at Potosi Correctional Center, Defendant Paul K. Delo, Individually and in his Official Capacity as Superintendent at Potosi Correctional Center; Don Roper; Beverly Howell; and Richard Bouchard, Defendants-Appellants Nancy Hines, Defendant Donna McCondichie and Philip Banks, Defendants-Appellants

United States Court of Appeals, Eighth Circuit.

Decided January 25, 1995.

Rehearing and Suggestion for Rehearing Denied March 24, 1995.

Attorney(s) appearing for the Case

Paul M. Rauschenbach, Asst. Atty. Gen., St. Louis, MO, argued, for appellants.

Jeffrey J. Simon, Kansas City, MO, argued, for appellee.

Before BOWMAN and LOKEN, Circuit Judges, and BOGUE, Senior District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied March 24, 1995.*

BOGUE, Senior District Judge.

Prison officials appeal the district court's partial denial of their motion for summary judgment. For the reasons stated below, we remand this action to the district court for an express determination regarding the issue of defendants' qualified immunity.

I. BACKGROUND

Appellee James Washington is a prisoner at...

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