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MERRITT v. REED

No. 96-2582.

120 F.3d 124 (1997)

Mark A. MERRITT, Appellee, v. M.D. REED; Charles Lanehart, Appellants, Arkansas Department of Correction, Defendant.

United States Court of Appeals, Eighth Circuit.

Decided July 15, 1997.

Attorney(s) appearing for the Case

William F. Knight, Little Rock, AR, argued (M. Wade Hodge, on the brief), for appellants.

John P. Lewis, Hot Springs, AR, argued (Bill R. Holloway, on the brief), for appellee.

Before BOWMAN, WOLLMAN and BEAM, Circuit Judges.

BEAM, Circuit Judge.

Defendants appeal the district court's denial of their motion for summary judgment based on qualified immunity in this 42 U.S.C. § 1983 action. We reverse.

I. BACKGROUND

In November 1992, Mark Merritt filled out a pre-employment questionnaire with the Arkansas Department of Correction (ADC) stating that he could perform the job functions of a correctional officer. He was hired for a position with the ADC Varner Unit and...

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