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ALBERS v. WHITLEY

Civ. A. No. 81-517-PA.

546 F.Supp. 726 (1982)

Gerald ALBERS, Plaintiff, v. Harol WHITLEY, et al., Defendants.

United States District Court, D. Oregon.

August 31, 1982.

Attorney(s) appearing for the Case

Gene B. Mechanic, Alice Goldstein, Portland, Or., for plaintiff.

Dave Frohnmayer, Atty. Gen., Scott McAlister, Asst. Atty. Gen., Salem, Or., for defendant.

OPINION

PANNER, District Judge.

This is a civil rights action against individual corrections officers arising out of a disturbance in "A" Block of the Oregon State Penitentiary on June 27, 1980. Plaintiff was injured by shotgun fire. He alleged that he was deprived of rights under the eighth and fourteenth amendments. Additionally, he appended state tort claims for assault and battery and negligence.

At the conclusion of a jury trial, I directed...

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