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CURRY v. CRIST

No. 99-4184.

226 F.3d 974 (2000)

Harold Lowell CURRY; Patricia Lynn Spitzack-Havlish, individually, and as co-trustees for the heirs of Edwin Hugh Curry, Plaintiffs-Appellants, v. David CRIST, individually and in his official capacity as Warden of the Stillwater Correctional Facility, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 28, 2000.

Attorney(s) appearing for the Case

Robert Bennett, Minneapolis, MN, argued (Eric Hageman, on the brief), for Plaintiffs-Appellants.

Walter K. Hansen, St. Paul, MN, argued, for Defendant-Appellee.

Before LOKEN, ROSS, and HANSEN, Circuit Judges.

LOKEN, Circuit Judge.

On November 27, 1997, Minnesota inmate Edwin Curry was brutally murdered at the Stillwater Correctional Facility by fellow inmate Craig Bjork. Curry's heirs filed this § 1983 action against Warden David Crist and other prison officials, alleging that they violated Curry's Eighth Amendment rights by failing to protect him from the fatal assault. Curry's heirs appeal the district court's

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