No. 97-30587 Summary Calendar.

158 F.3d 908 (1998)

Eric SMITH, Plaintiff-Appellee, v. Steve BRENOETTSY, Lieutenant, et al., Defendants, John P. Whitley, Warden, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 5, 1998.

Attorney(s) appearing for the Case

Otha Curtis Nelson, Sr., Simmons, Nelson & Dunn, Baton Rouge, LA, for Plaintiff-Appellee.

Andre Charles Castaing, Baton Rouge, LA, for Defendant-Appellant.

Before WIENER, BARKSDALE and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge.

Eric Smith, an inmate at Louisiana State Penitentiary at Angola ("LSPA"), brought suit pursuant to 42 U.S.C. § 1983 and state tort law against LSPA guard Steve Brengettsy,1 LSPA Warden John Whitley and others after Brengettsy allegedly stabbed Smith. The magistrate judge denied summary judgment on Smith's failure-to-supervise claim against Whitley. Whitley now brings an interlocutory appeal from this...

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