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SIMMONS v. COOK

No. 97-2324.

154 F.3d 805 (1998)

Bobby Franklin SIMMONS; Ricky Lynn Marshall, Plaintiffs-Appellees, v. Eddie COOK, Assistant Warden, Diagnostic Unit, Arkansas Department of Correction; Steven R. O'Neal, Lt., Diagnostic Unit, Arkansas Department of Correction, Defendants-Appellants, David Foote, CO-1, Diagnostic Unit, Arkansas Department of Correction; Floyd Harper, CO-1, Diagnostic Unit, Arkansas Department of Correction; Steven Burgess, RN, Diagnostic Unit, Arkansas Department of Correction, originally sued as Steven Burges; Theresa Simonson, LPN, Diagnostic Unit, Arkansas Department of Correction, originally sued as Tracy Simonson, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided September 1, 1998.

Attorney(s) appearing for the Case

David B. Eberhard, Little Rock, Arkansas, argued, for Defendants-Appellants.

J. Fred Hart, Jr., Little Rock, Arkansas, argued, for Plaintiffs-Appellees.

Before WOLLMAN, FLOYD R. GIBSON, and LOKEN, Circuit Judges.

FLOYD R. GIBSON, Circuit Judge.

Bobby Franklin Simmons and Ricky Lee Marshall, two paraplegic inmates, bring this action pursuant to 42 U.S.C. § 1983, alleging violations of the Eighth Amendment. Simmons and Marshall sued Eddie Cook, Assistant Warden of the Arkansas Department of Correction's Diagnostic Unit (the "DOC"), and Steven R. O'Neal, Lieutenant of the DOC,1 after Simmons and Marshall (1) were placed in solitary confinement...

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