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O'BRIEN v. INDIANA DEPT. OF CORR. EX REL. TURNER

No. 06-3064.

495 F.3d 505 (2007)

Randy P. O'BRIEN, Plaintiff-Appellant, v. INDIANA DEPARTMENT OF CORRECTION, by and through its commissioner Evelyn Ridley TURNER, and Craig A. Hanks, Superintendent, in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 26, 2007.

Attorney(s) appearing for the Case

Caroline B. Briggs (argued), John K. Morris, Briggs & Morris, LaFayette, IN, for Plaintiff-Appellant.

Frances Barrow (argued), Office of the Attorney General, Indianapolis, IN, for Defendants-Appellees.

Before KANNE, WILLIAMS, and SYKES, Circuit Judges.

KANNE, Circuit Judge.

Randy O'Brien has been a prisoner in Indiana since 1996, having been convicted of rape, sexual battery, and burglary. In 2001, he was attacked and beaten by two other inmates. In 2003, he brought suit under 42 U.S.C. § 1983, alleging that the warden was deliberately indifferent to his safety in violation of the Eighth Amendment. In 2005, he sought to add additional defendants to his suit. That motion was denied. The district court entered...

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