PRATER v. DAHM

No. 95-3725.

89 F.3d 538 (1996)

Todd E. PRATER, Appellee, v. John DAHM; Harold W. Clarke; Aaron Hall; Bobby C. Kilgore, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 17, 1996.


Attorney(s) appearing for the Case

Terri Marie Weeks, Assistant Attorney General, Lincoln, Nebraska, argued, for appellants.

Jeffrey P. McGinnis, Omaha, Nebraska, argued (Ronald E. Frank, on the brief), for appellee.

Before BEAM and MURPHY, Circuit Judges, and NANGLE, District Judge.


BEAM, Circuit Judge.

Todd Prater, an inmate committed to the Nebraska Department of Correctional Services, was assaulted by another inmate while incarcerated at the Omaha Correctional Center (OCC). Following the attack, Prater filed suit against prison officials under 42 U.S.C. § 1983, alleging that they failed to protect him from a substantial risk of attack and therefore violated his Eighth Amendment rights. In a motion for judgment on the pleadings, the prison...

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