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DYKSTRA v. U.S. BUREAU OF PRISONS

No. 97-3410.

140 F.3d 791 (1998)

Kristopher DYKSTRA, Appellant, v. UNITED STATES BUREAU OF PRISONS; Richard Rison, Former Warden, MCFP; Robin Durbin, Case Manager, MCFP; Max Pulley, Senior Officer Specialist, MCFP; Kevin Houck, Correction Supervisor, MCFP; William Bennett, Counselor, MCFP Springfield; Unknown Guard, on Unit 10-F, MCFP, Springfield, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 6, 1998.

Attorney(s) appearing for the Case

Elizabeth Unger Carlyle, Lee's Summit, MO, argued, for Appellant.

Earl W. Brown III, Springfield, MO, argued (Stephen L. Hill, U.S.Atty., on the brief), for Appellee.

Before McMILLIAN, FLOYD R. GIBSON and BOWMAN, Circuit Judges.

BOWMAN, Circuit Judge.

Kristopher Dykstra brought a Bivens1 action against the United States Bureau of Prisons alleging that prison officials violated his rights under the Eighth Amendment. He also sued under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b) (1994), claiming that prison officials 1) were negligent in failing to protect him from an assault, and 2) were negligent in treating his post-traumatic stress disorder...

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