Burris v. Kirkpatrick

MEMORANDUM AND ORDER

ALLEN SHARP, Chief Judge.

I

On November 24, 1982 at approximately 8:30 o’clock P.M. the plaintiff, Gary Burris, was an inmate at the Indiana State Prison, housed in a two-man cell on death row there. His cellmate was Michael Daniels. Both are awaiting execution. The defendant, Jay Kirkpatrick, was correctional officer on duty in that death row unit on that particular evening. At the time in question, Burris had on his earphones and was writing. An argument erupted between Officer Kirkpatrick and Daniels over the delivery of some milk by the former to the latter. Burris was…