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Texas Guard Stabbing Prisoner Not State Action Under § 1983

Loaded on July 15, 2003 published in Prison Legal News July, 2003, page 18
Filed under: Guard Misconduct, Guard Brutality/Beatings, Civil Procedure, Parties. Location: Texas.
The Fifth Circuit Court of Appeals held that a guard's actions in cutting a prisoner with a knife was not under color of state law for purposes of 42 U.S.C. § 1983.


Texas prisoner Fred Townsend was working as a "Kennelman" caring for the guards' tracking dogs. Lieutenant Mark Hill …

 

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  20. Appointment of Counsel in New Jersey Medical Suit
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