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TOWNSEND v. MOYA

No. 00-50524.

291 F.3d 859 (2002)

Fred TOWNSEND, Plaintiff-Appellant, v. David MOYA, Warden; Mark Hill, Lieutenant; Wayne Scott, Executive Director, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 5, 2002.

Attorney(s) appearing for the Case

Fred Townsend, Dickinson, TX, pro se.

Mark Hill, Kileen, TX, pro se.

Seth Byron Dennis, Asst. Atty. Gen., Austin, TX, for Scott, Defendant-Appellee.

Before DUHÉ, BARKSDALE and DENNIS, Circuit Judges.

PER CURIAM:

After being cut with a knife by a prison guard, Fred Townsend ("Townsend"), an inmate of the Texas Department of Criminal Justice ("TDCJ"), filed a § 1983 suit against a guard, a prison warden, and the executive director of the TDCJ.1 The district court granted summary judgment to the defendants, and Townsend appeals. Because there is no genuine issue of material fact concerning whether the prison guard acted under color...

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