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HERNDON v. WHITWORTH

Civil Action No. 1:93-cv-1694-HTW.

924 F.Supp. 1171 (1995)

Robert Dewayne HERNDON, Plaintiff, v. Bobby K. WHITWORTH, et al., Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

February 28, 1995.

Attorney(s) appearing for the Case

Franklin Hardaway Thornton, Office of Franklin H. Thornton, LaGrange, GA, for plaintiff.

James Edward Dearing, Jr., Dearing & Klauber, Atlanta, GA, for defendants.

ORDER OF COURT

HORACE T. WARD, Senior District Judge.

This matter is currently pending before this court on defendants' motion for summary judgment. In this action, plaintiff claims that defendants have violated 42 U.S.C. § 1983 — more specifically, that defendants have subjected him to cruel and unusual punishment in violation of the Eighth Amendment.

FACTS

In 1986, plaintiff was convicted of armed robbery and...

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