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TOOTLE v. USDB COMMANDANT

No. 04-3018.

390 F.3d 1280 (2004)

Samuel E. TOOTLE, II, Plaintiff-Appellant, v. USDB COMMANDANT; Commanding Officer, Munson Army Health Center; Director Munson Army Health Center, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 7, 2004.

Attorney(s) appearing for the Case

Samuel E. Tootle, II, pro se.

Before LUCERO, McKAY, and PORFILIO, Circuit Judges.

McKAY, Circuit Judge.

Samuel E. Tootle, II is a former military prisoner at the United States Disciplinary Barracks at Fort Leavenworth, Kansas (USDB). He appeals the district court's dismissal, under Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950), and its progeny, of his claims that the defendants violated the Eighth Amendment by deliberately ignoring or being indifferent to his serious medical needs...

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