· 5/23/2014
Roy Burns v. Edward Eaton
Citations
- 752 F.3d 1136
- 2014 WL 2134587
- 2014 U.S. App. LEXIS 9596
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the defendant “deployed a small amount of pepper spray” with a “2 to 3 second blast”
- concluding the prison guard “no longer faced the relatively simple task of cuffing Burns and escorting him back to his cell. [The guard] now faced a recalcitrant inmate.”
- noting undisputed facts describing the use of pepper spray on a recalcitrant inmate did not suggest “a complete absence of penological purpose”
- finding improper exhaustion when the “ADC was not asked to evaluate the conduct” of the defendant “or the distinct § 1983 claims first asserted” in the lawsuit
- finding no Eighth Amendment violation where the inmate, who was aggressive and threatening toward a prison guard, was warned he would be pepper sprayed if he did not “catch the cuffs”
- recounting undisputed facts in summary judgment record describing the recalcitrant inmate
Source: CourtListener parenthetical corpus (CC0).
Judges: Loken, Murphy, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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