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BALDWIN v. STALDER

No. 96-30225.

137 F.3d 836 (1998)

Carnell Kent BALDWIN, Plaintiff-Appellant/Cross-Appellee, v. Richard L. STALDER; et al., Defendants, Richard L. Stalder; James W. Herron, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

March 17, 1998.

Attorney(s) appearing for the Case

Terry Edward Allbritton, Appellate Advocacy Program, Tulane Law School, Jane L. Johnson, Tulane Law Clinic, New Orleans, LA, for Baldwin.

Michael C. Keller, Dept. of Justice, Litigation Div., New Orleans, for Stalder and Herron.

Before POLITZ, Chief Judge, and GARWOOD and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Primarily at issue is whether the district court erred in finding that, through excessive force, prison official James W. Herron violated the Eighth Amendment rights of inmate Carnell Kent Baldwin. We REVERSE that portion of the judgment and RENDER.

I.

Late in 1993, Baldwin, an inmate at Washington Correctional Institute (WCI), filed a 42 U.S.C. § 1983 action, claiming that, as a

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