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OETKEN v. AULT

No. 97-1408.

137 F.3d 613 (1998)

Todd Allen OETKEN, Appellant, v. John AULT; Larry J. Theilen, C/O; William Sperfslage, Sgt., sued as Lt. Sperfslage (Supervisor 3rd Floor); Cheyenne Lerch; Robert E. Walker, sued as Robert Walker (Additional Officers-IMR-Anamosa); and John P. Drawbaugh, C/O, sued as John Duehr (Additional Officers-IMR-Anamosa), Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 2, 1998.

Rehearing and Suggestion for Rehearing Denied April 1, 1998.

Attorney(s) appearing for the Case

Jeffrey M. Lipman, Clive, IA, for Appellant.

Kristin W. Ensign, Asst.Atty.Gen., Des Moines, IA, for Appellees.

Before RICHARD S. ARNOLD, Chief Judge, BRIGHT and WOLLMAN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied April 1, 1998.

RICHARD S. ARNOLD, Chief Judge.

In this § 1983 case, Todd Allen Oetken, a prison inmate beaten by his cellmate, claims that prison officials were deliberately indifferent to an excessive risk of harm to him posed by his cellmate. The District Court1 found for the defendants after a trial. The findings of the District...

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