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NORMAN v. SCHUETZLE

Nos. 08-1686, 08-2219.

585 F.3d 1097 (2009)

James E. NORMAN, Appellee, v. Tim SCHUETZLE; Marc Schwehr; Mary Materi, Appellants. James E. Norman, Appellee, v. Dan Wrolstad, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 9, 2009.

Attorney(s) appearing for the Case

William George Peterson, AAG, argued, Bismarck, ND, for appellant.

Paul Reginald Sanderson, argued, Bismarck, ND, for appellee.

Before WOLLMAN, HANSEN, and BYE, Circuit Judges.

HANSEN, Circuit Judge.

Following an attack by a fellow inmate, James Norman, the appellee and an inmate at the North Dakota State Penitentiary (NDSP), filed a 42 U.S.C. § 1983 claim against various prison officials for their alleged failure to protect him in violation of the Eighth Amendment. The district court granted qualified immunity to all but four of the prison officials, who then filed these consolidated interlocutory appeals from the denial of their motions...

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