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DANLEY v. ALLEN

No. 07-12328.

540 F.3d 1298 (2008)

Kevin DANLEY, Plaintiff-Appellee, v. Ruby ALLEN, Defendant, Jackie Rikard, Ronnie Willis, Ruby Allyn, Jeff Wood, Steve Woods, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

August 22, 2008.

Attorney(s) appearing for the Case

Daryl L. Masters, Bart Gregory Harmon, Charles Richard Hill, Jr., Webb & Eley, PC, Montgomery, AL, for Defendants-Appellants.

Henry F. Sherrod, III, Henry F. Sherrod, III, PC, Florence, AL, for Danley.

Before BLACK and CARNES, Circuit Judges, and RESTANI, Judge.

CARNES, Circuit Judge:

Kevin Danley was arrested for driving under the influence and was taken to jail. While there he had a disagreement with some of the jailers after he was made to use a dirty toilet without any toilet paper. Because Danley failed to obey one of the jailer's orders during the disagreement, another jailer pepper sprayed him. Although pepper spray is an accepted non-lethal means of controlling unruly inmates, Danley contends that the jailers used...

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