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TREATS v. MORGAN

No. 01-3368.

308 F.3d 868 (2002)

Byron TREATS, Plaintiff-Appellee, v. James MORGAN, Correctional Officer, North Central Unit, Arkansas Department of Correction; J. Beaty, Lt., North Central Unit, Arkansas Department of Correction, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: September 17, 2002.

Attorney(s) appearing for the Case

Ryan P. Blue, Asst. Atty. Gen., argued, Little Rock, AR, for appellant.

Gary D. Corum, argued, Little Rock, AR, for appellee.

Before HANSEN, Chief Judge, BRIGHT, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Byron Treats, an inmate at the Arkansas Department of Correction (ADC), brought this action under 42 U.S.C. § 1983, alleging that his constitutional rights were violated when he was sprayed in the face with capstun pepper spray by correctional officer James Morgan and thrown to the floor by Lieutenant J. Beaty. The officers appeal from an order of the district court1 denying their motion for summary judgment...

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