United States Seventh Circuit

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OUTLAW v. NEWKIRK, 98-4252

Where defendants moved for summary judgment on plaintiff's Eight Amendment claim by arguing that the incident was either accidental or justified, and that the prisoner suffered de minimus damages in either case, plaintiff does not satisfy the shifted burden by attempting to impeach the credibility of witnesses to the incident.

Appellate Information

  • Argued 02/22/2001
  • Decided 08/03/2001
  • Published 08/03/2001

Judges

  • BAUER, Circuit Judge., Before BAUER, COFFEY, and MANION, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Ricky Outlaw, Michigan City, IN, pro se., James B. Speta (argued), Northwestern University Legal Clinic, Chicago, IL, for Plaintiff-Appellant.

  • For Appellees:
  • Karen M. Freeman-Wilson, Jon B. Laramore (argued), Office of the Atty. General, Indianapolis, IN, for Defendants-Appellees.