Herndon v. Armontrout

WOLLMAN, Circuit Judge.

Demetrius Herndon and Samuel Smith appeal from the district court’s1 judgment entered upon jury verdicts against them in their actions brought under 42 U.S.C. § 1983. For reversal, they argue that the district court erred in instructing the jury and in entering judgment upon jury verdicts not supported by sufficient evidence. We affirm.

*1239I.

On August 28, 1986, Herndon and Smith were inmates in the Special Management Facility of the Missouri State Penitentiary in Jefferson City, Missouri. While in the prisoner dining hall for their noon meal, they were involved in a fight…