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TUCKER v. EVANS

No. 01-1778.

276 F.3d 999 (2002)

Elaine TUCKER, Co-Administrator of the Estate of William Edward Tucker, deceased, Ricky Tucker, Co-Administrator of the Estate of William Edward Tucker, deceased, Appellees, v. Marvin EVANS, Jr.; Kendrick Daniels, originally sued as Kedrick Daniels; Larry Norris, Individually and as the Director of the Arkansas Department of Corrections, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: January 14, 2002.

Attorney(s) appearing for the Case

Charles E. Halbert, argued, Helena, AR, (Louis A. Etoch, on the brief), for Appellees.

Ryan P. Blue, argued, Little Rock, AR, for Appellants.

Before McMILLIAN, BEAM, and HANSEN, Circuit Judges.

BEAM, Circuit Judge.

This appeal comes before us following the district court's order denying three prison employees' motion for summary judgment based on qualified immunity. We reverse.

I. BACKGROUND

On May 9, 1998, William Edward Tucker (now deceased) was housed in Barracks 7, a general population barracks, at the East Arkansas Regional Unit of the Arkansas Department of Correction (ADC). That evening, Officer Kendrick Daniels was assigned to the...

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