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091843P.pdf   03/25/2010  Eric Williams  v.  Moses Jackson
   U.S. Court of Appeals Case No:  09-1843
   U.S. District Court for the Eastern District of Arkansas - Helena   
   [PUBLISHED] [Melloy, Author, with Wollman and Riley, Circuit
   Judges]
Civil case - civil rights. In action alleging defendants willfully and maliciously exposed plaintiff, then an Arkansas state prisoner, to excessive ultraviolet radiation during his treatment for TB, the correction officer defendants, who allegedly purposefully removed a protective shield in retribution for a past incident, were not entitled to summary judgment based on qualified immunity as malicious and retaliatory exposure to a known harm without penological purpose would violate a prisoner's established rights; as a result, the district court did not err in denying the corrections officers' motion for summary judgment based on qualified immunity; the claims against the defendant maintenance supervisor alleged no more than negligence, and he was entitled to summary judgment.