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CLARKE v. STALDER

No. 96-30313.

121 F.3d 222 (1997)

Charles W. CLARKE, Plaintiff-Appellee-Cross Appellant, v. Richard L. STALDER, et al., Defendants, Richard L. Stalder, Defendant-Appellant-Cross-Appellee, Robert Tanner, Defendant-Appellee, Captain Charles Moulard, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 9, 1997.

Attorney(s) appearing for the Case

Terry Edward Allbritton, Jane L. Johnson, New Orleans, LA, for Plaintiff-Appellee-Cross-Appellant.

Cary A. DesRoches, New Orleans, LA, Richard A. Fraser, III, Gelpi, Sullivan, Carroll & Gibbens, New Orleans, LA, for Defendant-Appellant-Cross-Appellee.

Before REYNALDO G. GARZA, EMILIO M. GARZA and DeMOSS, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

This civil rights case presents us with cross appeals from a final judgment entered by a magistrate judge after a bench trial. For the reasons assigned, we affirm in part and vacate and remand in part.

I. Background

Charles Clarke is, and has been at all relevant times, an inmate in the Louisiana prison system. He is currently incarcerated at the Louisiana State Penitentiary in Angola. The events which form...

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