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BERRY v. SHERMAN

No. 03-2828.

365 F.3d 631 (2004)

Jerome BERRY, Appellee, v. Robb SHERMAN; Roger Rutledge; Susan Embree; James J. Burgess; Richard Fongemie, Sgt., Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: April 22, 2004.

Attorney(s) appearing for the Case

Denise G. McElvein, argued, AAG, St. Louis, MO, for appellant.

Charles L. Hickman, argued, Hannibal, MO, for appellee.

Before BYE, HEANEY, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Robb Sherman, Roger Rutledge, Susan Embree, Captain James J. Burgess, and Sergeant Richard Fongemie (collectively referred to as "appellants"), all correctional officers at Northeast Correctional Center ("NECC"), appeal the district court's denial of qualified immunity in Jerome Berry's 42 U.S.C. § 1983 claim. We reverse.

I. Background

Berry, an inmate at NECC, sued the named appellants and other defendants

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