James Edward Clark v. Robert Poulton, Utah State Corrections Department, David Jorgensen, Salt Lake County Sheriff's Office, and John Does I Through X

ON PETITION FOR REHEARING

STEPHEN H. ANDERSON, Circuit Judge.

This case is before us on rehearing to consider the application of two decisions by the United States Supreme Court, McCarthy v. Bronson, — U.S. —, 111 S.Ct. 1737, 114 L.Ed.2d 194 (1991), and Peretz v. United States, — U.S. —, 111 S.Ct. 2661, 115 L.Ed.2d 808 (1991), issued since the previous opinion by the panel in this case. Clark v. Poulton, 914 F.2d 1426 (10th Cir.1990). Upon review of those authorities, we grant the petition for rehearing, withdraw our previous opinion and substitute the following opinion.

James E. Clark brought…