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HOWARD v. WAIDE

No. 07-1169.

534 F.3d 1227 (2008)

Scott L. HOWARD, Plaintiff-Appellant, v. Lloyd WAIDE, Major; Mary Cox-Bergman, Major; Michael Negley, Captain; John R. Clarkson, Captain; NFN Halligan, Lieutenant; David A. Backer, Lieutenant; Anthony A. DeCesaro, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 23, 2008.

Attorney(s) appearing for the Case

Jo Frances Walsh, Boulder, Colorado, (Alfred T. McDonnell, Hutchinson Black and Cook, LLC, Boulder, Colorado with her on the briefs), for Plaintiff-Appellant.

William V. Allen, Assistant Attorney General, Civil Litigation and Employment Law Section, Denver, Colorado (John W. Suthers, Attorney General, with him on the brief), for Defendants-Appellees.

Anthony A. DeCesaro, Defendant-Appellee, pro se, Colorado Springs, Colorado.

Before KELLY, LUCERO, and HARTZ, Circuit Judges.

LUCERO, Circuit Judge.

Scott L. Howard appeals the district court's dismissal of his 42 U.S.C. § 1983 civil rights action against several Colorado Department of Corrections ("CDOC") employees.1 Howard alleges that defendants knew that he had been sexually assaulted by members of a prison gang, but despite this they failed to protect him from future harm by the gang. Although he reported his fears to prison officers and filed three...

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