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LEWIS v. DOWNEY

No. 08-2960.

581 F.3d 467 (2009)

Darryl L. LEWIS, Plaintiff-Appellant, v. Michael D. DOWNEY, Todd Schloendorf, Michael Shreffler, Jean Flageole, Miguel Ayala, and Kankakee County, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 4, 2009.

Attorney(s) appearing for the Case

Peter M. Schutzel (argued), McDermott, Will & Emery, Chicago, IL, for Plaintiff-Appellant.

Michael D. Bersani, Attorney (argued), Hervas, Condon & Bersani, Itasca, IL, for Defendants-Appellees.

Before KANNE, WOOD, and WILLIAMS, Circuit Judges.

KANNE, Circuit Judge.

Darryl Lewis was a federal prisoner in custody at a county jail facility in northern Illinois. Lewis filed a civil action pursuant to 42 U.S.C. § 1983 after jail officials shot him with a taser gun when he failed to comply with an order to rise from his bed. Lewis claimed the taser shot constituted cruel and unusual punishment in violation of the Eighth Amendment. He also attempted to present a Fourteenth Amendment claim arising from his...

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