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BERRY v. OSWALT

Nos. 97-1505, 97-1509.

143 F.3d 1127 (1998)

Laura BERRY, Appellant, v. Jay L. OSWALT; Jay Blankenship; Warden Virginia W. Wallace; Larry Norris, Director; D.D. Cook; Katherine Green; Kevin Murphy; C.O.-1 Wright; C.O.-1 R. Reed; and Arkansas Department of Correction, Appellees. Laura BERRY, Appellee, v. Randall K. REED, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 8, 1998.

Attorney(s) appearing for the Case

Christopher Heil, Little Rock, AR, argued (Morgan E. Welch, on the brief), for Appellant.

Clementine Infante, Asst. Atty. Gen., Little Rock, AR, argued, for Appellees.

Before RICHARD S. ARNOLD, Chief Judge, MORRIS SHEPPARD ARNOLD, Circuit Judge, and SACHS, District Judge.

RICHARD S. ARNOLD, Chief Judge.

Laura Berry is an inmate at the Tucker Women's Unit ("Tucker") of the Arkansas Department of Corrections (ADC). She alleged rape by Jay Oswalt, a correctional officer at Tucker, and sued him for violation of her constitutional rights under 42 U.S.C. § 1983 (1994), and for the tort of outrage under Arkansas law. She also sued Virginia Wallace, the warden of Tucker, and Larry Norris, the director of the ADC, for Oswalt's conduct...

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