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SPRUCE v. SARGENT

No. 97-1078.

149 F.3d 783 (1998)

Kendell SPRUCE, Appellant, v. Willis H. SARGENT, Warden, Cummins Unit, Arkansas Department of Correction; Larry Norris, Assistant Director, Arkansas Department of Correction; Donald W. Tate, Captain, Cummins Unit, Arkansas Department of Correction, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 8, 1998.

Attorney(s) appearing for the Case

Bobby D. Davidson, Little Rock, AR, for appellant.

David B. Eberhard, Assistant Attorney General, Little Rock, AR, for appellees.

Before RICHARD S. ARNOLD, Chief Judge, and McMILLIAN and BEAM, Circuit Judges.

BEAM, Circuit Judge.

Kendell Spruce appeals from the district court's order granting judgment as a matter of law to defendants Willis Sargent and Larry Norris, and from the court's order denying his motion for a new trial after a jury found in favor of defendant Donald Tate. We affirm in part, reverse in part, and remand for trial.

I. BACKGROUND

Spruce was an inmate at the Arkansas Department of Correction between January and December of 1991. During...

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