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DESPAIN v. UPHOFF

No. 99-8003.

264 F.3d 965 (2001)

Robert William DESPAIN, Plaintiff-Appellant, v. Judy UPHOFF, in her official capacity as Director, Wyoming Department of Corrections; Duane Shillinger, in his official capacity as Warden, Wyoming State Penitentiary; James Ferguson, in his official capacity as Deputy Warden, Wyoming State Penitentiary; Ronald G. Ruettgers, in his official capacity as Associate Warden, Wyoming State Penitentiary; Stan James, in his official capacity as Security Manager, Wyoming State Penitentiary; Tommy Bustos, in his official capacity as Corrections Officer, Wyoming State Penitentiary, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 10, 2001.

Attorney(s) appearing for the Case

Paul H. Schwartz (Steven G. Sklaver with him on the briefs) of Cooley Godward LLP, Denver, CO, for Plaintiff-Appellant.

Karen Ashcraft Byrne of Cheyenne, WY, for Defendants-Appellees.

Before TACHA, Chief Judge, SEYMOUR, and EBEL, Circuit Judges.

SEYMOUR, Circuit Judge.

Robert DeSpain, an inmate of the Wyoming State Penitentiary, appeals from a grant of summary judgment in favor of prison officials in an action he brought pursuant to 42 U.S.C. § 1983 alleging the violation of his Eighth Amendment right to be free from cruel and unusual punishment. Mr. DeSpain based his claims on two separate incidents: the failure by Associate Warden Ron Ruettgers to rectify unsanitary flooding conditions caused by prisoners...

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