CRAIG v. EBERLY

No. 97-1308.

164 F.3d 490 (1998)

Bobby Woods CRAIG, Jr., Plaintiff-Appellant, v. John EBERLY, Sheriff Otero County, Defendant-Appellee, United States of America, Intervenor.

United States Court of Appeals, Tenth Circuit.

December 21, 1998.


Attorney(s) appearing for the Case

Elizabeth Alexander (Ayesha Khan, on the briefs), ACLU National Prison Project, Washington, DC, appearing for Appellant.

Josh Adam Marks (David R. Brougham and Tracy P. Robinson, with him on the brief), Hall & Evans, Denver, Colorado, appearing for Appellee.

Peter R. Maier, Attorney, Civil Division, United States Department of Justice (Frank W. Hunger, Assistant Attorney General, Henry L. Solano, United States Attorney, and Barbara L. Herwig, Attorney, Civil Division, United States Department of Justice, with him on the brief), appearing for Intervenor.

Before TACHA, BRORBY, and KELLY, Circuit Judges.


TACHA, Circuit Judge.

Plaintiff Bobby Woods Craig, Jr. appeals the order of the district court dismissing his claim for monetary damages under 42 U.S.C. § 1983 for alleged constitutional deprivations he suffered while a pretrial detainee at the Otero County Jail in LaJunta, Colorado. On appeal, plaintiff argues alternatively that: (1) the district court erred in retroactively applying 42 U.S.C. § 1997e(e), a provision of the Prison Litigation Reform Act...

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