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FUENTES v. WAGNER

No. 99-1062.

206 F.3d 335 (2000)

Luis FUENTES, Appellant v. WAGNER, Warden; Konemann, Correctional Officer; Kleeman, Correctional Officer; Donato, Correctional Officer; Brown, Sergeant; Werst, Assistant Warden, Berks County

United States Court of Appeals, Third Circuit.

Decided March 10, 2000.

Attorney(s) appearing for the Case

Stephen D. Brown, Carolyn H. Feeney, Everett M. Clayton,1 (Argued), Dechert, Price & Rhoads, Philadelphia, PA, Attorneys for Appellant.

Daniel J. Divis, Margaret A. McAllister, (Argued), German, Gallagher & Murtagh, Philadelphia, PA, Attorneys for Appellees.

Before: MANSMANN, GREENBERG and McKEE, Circuit Judges

OPINION OF THE COURT

McKEE, Circuit Judge.

Luis Fuentes appeals a judgment that was entered for the defendant corrections officers and prison officials in this suit under 42 U.S.C. § 1983. The suit arose from an incident that occurred in the Berks County Prison where Fuentes was detained while awaiting sentencing on outstanding federal charges. Fuentes alleged a cause of action for excessive force under the Eighth and Fourteenth Amendments, a substantive...

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