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WOLFF v. MOORE

Nos. 96-4080, 96-4089.

199 F.3d 324 (1999)

Richard K. WOLFF, Plaintiff-Appellee, v. Thomas E. MOORE (98-4089); Sanford Whitlow (98-4080), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 9, 1999.

Attorney(s) appearing for the Case

Paul M. Laufman (argued and briefed), Robert F. Laufman (briefed), Laufman, Rauh & Gerhardstein, Cincinnati, Ohio, for Plaintiff-Appellee.

Todd R. Marti (argued and briefed), Office of the Attorney General, Corrections Litigation Section, Columbus, Ohio, for Defendants-Appellants in 98-4080.

Thomas R. Smith (briefed), Haverkamp, Brinker, Rebold & Riehl, Cincinnati, Ohio, for Defendants-Appellants in 98-4089.

Before: MERRITT and NELSON, Circuit Judges; OLIVER, District Judge.

MERRITT, Circuit Judge.

Plaintiff Richard Wolff, an inmate formerly incarcerated at the Lebanon Correctional Institution, brought an action pursuant to 42 U.S.C. § 1983 against current corrections officer Sanford Whitlow and former corrections officer Thomas E. Moore in their individual capacities, alleging a violation of his Eighth Amendment rights under the United States Constitution. Specifically, Wolff alleged that former Officer Moore used excessive force...

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