Walter C. Peebles v. Paul Bishop and Juris Stals

Eighth Circuit

Walter C. Peebles v. Paul Bishop and Juris Stals

572 F.2d 649, 1978 U.S. App. LEXIS 12009

CourtCourt of Appeals for the Eighth Circuit

DecidedMarch 27, 1978

Docket77-1282

StatusPublished

This text of 572 F.2d 649 (Walter C. Peebles v. Paul Bishop and Juris Stals) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Walter C. Peebles v. Paul Bishop and Juris Stals, 572 F.2d 649, 1978 U.S. App. LEXIS 12009 (8th Cir. 1978).

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PER CURIAM.

Appellant, Walter C. Peebles, brought an action pursuant to 28 U.S.C. § 1343 (1970) in conjunction with 42 U.S.C. § 1983 (1970), alleging that appellees Paul Bishop and *650 Juris Stals violated appellant’s Eighth Amendment right against cruel and unusual punishment. Appellant claimed that appellees, who were correctional officers employed by the St. Louis County Jail, deliberately failed to remove appellant from his jail cell after a fire had started in the cell. 1 Appellant requested damages of one million dollars. The case was tried to the court 2 without a jury. In a detailed and carefully considered opinion published at 428 F.Supp. 864, Judge Nangle found in favor of appellees. This appeal followed.

We have examined the record and briefs and are convinced that the trial court’s findings of fact are not clearly erroneous and that it applied correct principles of law to the factual issues presented. Accordingly, we affirm on the basis of Judge Nan-gle’s opinion.

1

. At the time of the incident, appellant was confined in the St. Louis County Jail, where he was awaiting trial on a felony charge.

2

. The Honorable John F. Nangle, United States District Judge for the Eastern District of Missouri.

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PER CURIAM.

Appellant, Walter C. Peebles, brought an action pursuant to 28 U.S.C. § 1343 (1970) in conjunction with 42 U.S.C. § 1983 (1970), alleging that appellees Paul Bishop and *650 Juris Stals violated appellant’s Eighth Amendment right against cruel and unusual punishment. Appellant claimed that appellees, who were correctional officers employed by the St. Louis County Jail, deliberately failed to remove appellant from his jail cell after a fire had started in the cell. 1 Appellant requested damages of one million dollars. The case was tried to the court 2 without a jury. In a detailed and carefully considered opinion published at 428 F.Supp. 864, Judge Nangle found in favor of appellees. This appeal followed.

We have examined the record and briefs and are convinced that the trial court’s findings of fact are not clearly erroneous and that it applied correct principles of law to the factual issues presented. Accordingly, we affirm on the basis of Judge Nan-gle’s opinion.

1

. At the time of the incident, appellant was confined in the St. Louis County Jail, where he was awaiting trial on a felony charge.

2

. The Honorable John F. Nangle, United States District Judge for the Eastern District of Missouri.

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572 F.2d 649, 1978 U.S. App. LEXIS 12009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walter-c-peebles-v-paul-bishop-and-juris-stals-ca8-1978.

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