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CUMMINGS v. DEPARTMENT OF CORRECTIONS

No. 11-13507.

757 F.3d 1228 (2014)

Darrel CUMMINGS, Plaintiff-Appellant, v. DEPARTMENT OF CORRECTIONS, et al., Defendants, Matthew T. Whiddon, Sgt., Taylor CI Warden, R.L. Durham, Officer, Matt Fountain, Officer, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 8, 2014.

Attorney(s) appearing for the Case

Darrel Cummings, South Bay, FL, pro se.

Katie Denise Burke , Hogan Lovells US, LLP, Washington, DC, South Bay CF Warden, South Bay, FL, for Plaintiff-Appellant.

Joe Belitzky , Pam Bondi , Mark J. Hiers , Attorney General's Office, Tallahassee, FL, for Defendants-Appellees.

Before TJOFLAT, WILSON, and RIPPLE, Circuit Judges.

TJOFLAT, Circuit Judge:

This case is about a sleeping juror. Darrel Cummings filed a complaint against four prison officials at the Taylor Correctional Institution, alleging violations of his First, Eighth, and Fourteenth Amendment rights and seeking money damages under 42 U.S.C. § 1983.1 The case was tried to a jury before a Magistrate Judge.2 During the afternoon of the first day of trial, one of the...

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