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LENZ v. WADE

No. 06-3017.

490 F.3d 991 (2007)

Michael David LENZ, Appellee, v. Charlie WADE, Jr., Sgt. Cummins Unit, ADC (originally sued as Wade); Louis Seamster, CO-I, Cummins Unit, ADC (originally sued as Seamster); Kenneth Bell, Lt. Cummins Unit, ADC (originally sued as Bell); Arkansas Department of Correction; Larry Norris, Defendants, M.D. Reed, Appellant, Loren Burrer; Percy Sergeant, Mr., Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: June 20, 2007.

Attorney(s) appearing for the Case

Counsel who represented the appellant was Renae Ford Hudson, Assistant Attorney General, Little Rock, AR, Christine Ann Boozer, AAG, of Little Rock, also appeared on appellant's brief.

Counsel who represented the appellee was Dawn D. Bicker, of Little Rock, AR.

Before BYE, RILEY, and BENTON, Circuit Judges.

RILEY, Circuit Judge.

Following a two-day bench trial, the district court entered a judgment against Charlie Wade, Jr. (Officer Wade), Kenneth Bell (Officer Bell), and M.D. Reed (Warden Reed) for inflicting cruel and unusual punishment on Michael Lenz (Lenz). Warden Reed appeals. We reverse the judgment against Warden Reed and remand.

I. BACKGROUND

Lenz is an inmate within the Arkansas Department of Correction (ADC). At the time of the...

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