Alford Lee Cunningham v. Russell Jones, Jailer

EDWARDS, Circuit Judge.

Appellant Cunningham appeals after dismissal of his complaint, filed under 42 U.S.C. § 1983 (1970),1 2alleging that defendant jailers violated his Eighth Amendment rights by subjecting him to cruel and unusual punishment. The District Judge, by stipulation of the parties, heard this complaint on the record of two prior state court habeas corpus actions which dealt with the same facts.

While being held for trial in 1967 in the McCracken County jail, Cunningham was placed in solitary confinement after allegedly attempting a jailbreak and stabbing *654a deputy jailer. His §…