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SMITH v. COPELAND

No. 95-2703.

87 F.3d 265 (1996)

Felix D. SMITH, Plaintiff/Appellant, v. Norman COPELAND, Defendant/Appellee, Capt. Hines, Mike Hurst, Boffe Scott, John Bick, Officer Morgan, Officer Holshouser, John Doe # 1, John Doe # 2, John Doe # 3, Defendants, John Rich, Robert Scott, Defendants/Appellees, Cape Girardeau County Jail, Defendant, Leonard Hines, Michael Hurst, Mike Morgan, John Holshouser, Officer Stoffregen, Officer Hampton, J.P. Mulcahy, Officer Gene Huckstep, Larry Bock, E.C. Younghouse, Cape Girardeau County, Defendants/Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 27, 1996.

Attorney(s) appearing for the Case

Keith W. Brunstrom, Jefferson City, MO, argued, for Appellant.

David W. Terry, Cape Girardeau, MO, argued (Douglas T. Sloan, on the brief), for Appellee.

Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

BEAM, Circuit Judge.

Felix D. Smith appeals a district court1 order denying relief in his prisoner civil rights action which involves an overflowed toilet. We affirm.

I. BACKGROUND

Smith was a pretrial detainee on two occasions in Cape Girardeau County Jail. He filed a 42 U.S.C. § 1983 action against the county and certain individuals (hereinafter "correctional officers") asserting that his civil rights were violated...

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