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PRYER v. SLAVIC

No. 00-3297.

251 F.3d 448 (2001)

Raymond T. PRYER, v. C.O. 3 SLAVIC; C.O. 1 Cook; C.O. 1 Prorock; C.O. 1 D. Bursey, Appellants.

United States Court of Appeals, Third Circuit.

Filed May 30, 2001.

Attorney(s) appearing for the Case

D. Michael Fisher, Calvin R. Koons, John G. Knorr, III (argued), Office of Attorney General, Appellate Litigation Section, 15th Floor, Strawberry Square, Harrisburg, PA 17120, Attorneys for Appellants.

Jere Krakoff, 1705 Allegheny Building, 429 Forbes Avenue, Pittsburgh, PA 15219, Cathy Bissoon (argued), Reed, Smith, Shaw & McClay, LLP, 435 Sixth Avenue, Pittsburgh, PA 15219, Attorneys for Appellee.

Before MANSMANN, ALITO, and FUENTES, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge:

Appellee, Raymond T. Pryer, a state prisoner, filed a civil rights action against a number of prison guards claiming that they had assaulted him in two separate incidents. A jury found that some of the guards had acted reasonably but found four others liable and awarded Pryer $1.00 in damages. Thereafter, the District Court, on its own motion, ordered a new trial, limiting its scope solely to the issue

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