McCOY v. GILBERT

No. 00-1354.

270 F.3d 503 (2001)

Anthony McCOY, Plaintiff-Appellant, v. James R. GILBERT, Frederick H. Aper, David Poggemoeller, Herman S. Nelson and Robert Zachary, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 30, 2001.


Attorney(s) appearing for the Case

Mark W. Clark (argued), Barnes & Thornburg, Indianapolis, IN, Thomas N. O'Malley, Barnes & Thornburg, Fort Wayne, IN, for Anthony McCoy.

William E. Coonan (argued), Office of the U.S. Atty., Civ. Div., Fairview Heights, IL, for James R. Gilbert and Frederick H. Aper.

W. Charles Grace, Office of the U.S. Atty., Crim. Div., Fairview Heights, IL, William E. Coonan (argued), Office of the U.S. Atty., Civ. Div., Fairview Heights, IL, for David Pogemoeler.

Michael J. Nester, Donovan, Rose, Nester & Szewczyk, Belleville, IL, William E. Coonan (argued), Office of the U.S. Atty., Civ. Div., Fairview Heights, IL, for Herman S. Nelson.

William E. Coonan (argued), Office of the U.S. Atty., Civ. Div., Fairview Heights, IL, Frederick J. Hess, Lewis, Rice & Fingersh, Belleville, IL, for Robert Zachary.

Before COFFEY, KANNE and EVANS, Circuit Judges.


COFFEY, Circuit Judge.

Anthony McCoy is a federal inmate in Lisbon, Ohio, who was formerly held at the Federal Correctional Institution in Greenville, Ill. ("Greenville"). McCoy claims that he suffered cruel and unusual punishment at the hands of Greenville's correctional officers, who allegedly beat him in late October 1995 in retaliation for his involvement in a prison riot that occurred earlier in the month. The district court found that McCoy had not exhausted...

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