MERRITT, J., delivered the opinion of the court, in which COLE, J., joined. DUGGAN, D.J. (p. 870), delivered a separate opinion concurring in part and dissenting in part. MERRITT, Circuit Judge. Plaintiff Russell Durham appeals the District Court’s grant of summary judgment for the five defendants in this 42 U.S.C. § 1983 suit arising out of an August, 1990, assault b…
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