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JELINEK v. GREER

No. 95-1306.

90 F.3d 242 (1996)

Eric JELINEK, Plaintiff-Appellant, v. James GREER, former Warden of Menard Correctional Center, Jim Bush, Assistant Warden, Alan L. Frentzel, Assistant Warden, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 23, 1996.

Attorney(s) appearing for the Case

Mark E. Wohlberg, Chicago, IL and Barbara J. Clinite (argued), Chicago, IL, for plaintiff-appellant.

Terence J. Corrigan, Office of Attorney General, Criminal Appeals Division, Springfield, IL, and Paul Racette (argued), Office of the Attorney General, Civil Appeals Division, Chicago, IL, for defendants-appellees.

Before BAUER, DIANE P. WOOD, and EVANS, Circuit Judges.

DIANE P. WOOD, Circuit Judge.

Violence in the prison system underlies the claim that Eric Jelinek attempted to bring under 42 U.S.C. § 1983. Severely injured when he was hit over the head with a barbell by an unidentified inmate, Jelinek alleged in his complaint that the defendant prison officials knowingly exposed him to the assault, in violation of his Eighth Amendment right to be free from cruel and unusual punishment. The magistrate judge, proceeding by consent...

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