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MARBURY v. WARDEN

No. 17-12589.

936 F.3d 1227 (2019)

Mitchell MARBURY, Plaintiff-Appellant, v. WARDEN, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 29, 2019.

Attorney(s) appearing for the Case

Lisa Wright Borden , Baker Donelson Berman Caldwell & Berkowitz, PC, Cody William Short , Counsel, Ralph DeMeo , Baker Donelson Bearman Caldwell & Berkowitz, PC. Tallahassee, FL, Holman CF Warden, Holman CF - Inmate Trust Fund, Atmore, AL, for Plaintiff-Appellant.

Mitchell Marbury , Springville, AL, pro se.

Mary-Coleman Mayberry Roberts , Alabama Department of Corrections, Legal Division, Montgomery, AL, Edmund Gerard LaCour, Jr. , Alabama Attorney General's Office, Montgomery, AL, for Defendant-Appellee WARDEN.

Bart Gregory Harmon , Mary-Coleman Mayberry Roberts , Alabama Department of Corrections, Legal Division, Montgomery, AL, Edmund Gerard LaCour, Jr. , Alabama Attorney General's Office, Montgomery, AL, for Defendant-Appellee BEVERLY WARREN, C.O.I.

Before ROSENBAUM, BRANCH, and HIGGINBOTHAM, Circuit Judges.

Mitchell Marbury, a prisoner at Alabama's St. Clair Correctional Facility, was attacked by a fellow prisoner after making multiple requests to be transferred to a different dormitory or put in protective lock-up. He sued an officer in his cell block and warden of the prison under 42 U.S.C. § 1983, arguing that both were deliberately indifferent...

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