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Wise v. Owens

filed: April 4, 1994.

JOHN K. WISE, APPELLANT
v.
DAVID OWENS; ROBERT FREEMAN; RICHARD SMITH; TERRY HENRY; JEFFREY BEARD; SGT. OWENS, INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITY



On Appeal from the United States District Court for the Middle District of Pennsylvania. (D.C. Civil No. 93-02025). District Judge: Honorable Sylvia H. Rambo.

Before: Mansmann, Greenberg and Nygaard, Circuit Judges

In view of the aforesaid, we will affirm the order of June 9, 1993, except to the extent that Wise's complaint advances Eighth Amendment claims other than property claims. To the extent that the complaint advances Eighth Amendment claims other than property claims, we will reverse the order of June 9, 1993, and will remand the matter to the district court for further proceedings consistent with this opinion. The parties will bear their own costs on this appeal.

19940404

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