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O'LEARY v. IOWA STATE MEN'S REFORMATORY

Nos. 95-1777, 95-1778.

79 F.3d 82 (1996)

Richard O'LEARY, Appellant, v. IOWA STATE MEN'S REFORMATORY, sued as Iowa Men's Reformatory; Iowa Department of Corrections, sued as Department of Corrections; James Jaeger, sued as C/O Jager; Unknown McLaughlin, C/O, sued as C/O McLaughlin; Michael Neiers, sued as C/O Neires; Kenneth Lewis, sued as Lt. Lewis; David Koffron, sued as C/O Kaffern; Broderson, C/O; Larry J. Theilen, C/O, sued as C/O Theilen; Steve Faber, sued as Lt. Faber; Unknown Stutt, sued as C/O Stutt; Tope, C/O; Stall, C/O; John A. Thalacker; John Sissel; Russell Behrends; Jerome Manternach; Steve Faber; Randy Caspers, sued as Randy Casper; Michael McLaughlin, sued as Mike McLaughlin; Kenneth Lewis, Lt., sued as Ken Lewis; Delmar Thibadeau, CS II, sued as Delmar Thibadeau; D.L. Barney; Unknown Steins, C/O, sued as C.O. Steins, Appellees. Jefferson Leroy CALHOUN, Appellant, v. Randy CASPERS, sued as SCO Randy Caspers; William Rindy, SCO, sued as SCO Rindy; Russell Behrends, sued as Russ Behrends; David Smalley, C/O; Delmar Thibadeau, CS II, sued as CS II Thibadeou; John A. Thalacker, sued as John Thalcker, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 5, 1996.

Attorney(s) appearing for the Case

Philip B. Mears, argued, Iowa City, Iowa, for appellants.

Layne M. Lindeback, Asst. Attorney General, argued, Des Moines, Iowa (Robin Andrew Humphrey, on the brief), for appellees.

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

PER CURIAM.

Richard O'Leary and Jefferson Leroy Calhoun brought actions under 42 U.S.C. § 1983 challenging the four-day behavior management program of the Iowa Men's Reformatory (IMR) as cruel and unusual punishment violating the Eighth Amendment of the Constitution. Their actions were consolidated and came to trial before a magistrate judge who ruled against their claims. The district court1 accepted the magistrate judge's report...

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