· 8/3/2001
Ricky Outlaw v. Herb Newkirk and Cameron Mable, in His Individual Capacity
Citations
- 259 F.3d 833
- 2001 U.S. App. LEXIS 17269
- 2001 WL 874144
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the nonmovant, in opposing a summary judgment motion, must “set forth specific facts showing that there is a genuine issue for trial” which includes more than merely pleadings
- finding that swelling and bruising to the hand was a minor injury in the Eighth Amendment context
- noting that a moving party may discharge its burden by ‘'pointing out to the district court .,. that there is an absence of evidence to support the nonmoving party's case”
- finding that a relatively minor amount of force used to achieve a legitimate security objective was not the sort of force that was “repugnant to the conscience of mankind.”
- stating that “a factual dispute is ‘genuine’ for summary judgment purposes only when there is ‘sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party’ ”
- noting that de minimis injuries suggested the force used was de minimis
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Coffey, Manion
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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