· 2/18/2000
Alan T. Brooks v. Kyler, Superintendent Porterfield, Sgt. Rupinski, C.O. All Are Being Sued in Their Official and Individual Capacity, C.O
Citations
- 204 F.3d 102
- 2000 U.S. App. LEXIS 2421
- 2000 WL 193520
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “defendants’ acts are not shielded from constitutional scrutiny simply because [a plaintiff] did not proffer objective evidence of more than de minimis injury”
- indicating that pro se litigants still must present at least affidavits to avoid summary judgment
- concluding that a prisoner who testifies he was violently beaten by three prison guards, but who adduces no objective evidence of anything but de minimis injuries, may survive a summary judgment motion on his Eighth Amendment claim
- concluding that a prisoner who testifies he was violently beaten by three prison guards, but who adduces no objective evidence of anything but de minimis injuries, may survive a summary judgment motion on his Eighth Amendment claim
- indicating that pro se litigants still must present at least affidavits to avoid summary judgment
- noting that an affidavit is “about the best that can be expected from [a pro se prisoner] at the summary judgment phase of the proceedings”
Source: CourtListener parenthetical corpus (CC0).
Judges: Becker, McKee, Cowen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.