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DUDLEY v. STUBBS

No. 88-975.

489 U.S. 1034 (1989)

DUDLEY v. STUBBS.

Supreme Court of United States.

February 21, 1989.

Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.

JUSTICE O'CONNOR, with whom THE CHIEF JUSTICE and JUSTICE KENNEDY join, dissenting.

Because the judgment below rests upon a fundamental misconception of this Court's decision in Whitley v. Albers, 475 U.S. 312 (1986), and conflicts with the approach taken by the vast majority of the Courts of Appeals, including a prior...

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