Legal Opinion

Michael Bourne v. Michael Gunnels

Court of Appeals for the Fifth Circuit

Decided April 16, 2019No. 17-20418PublishedCited by 74 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

Michael Bourne, proceeding pro se , sued prison officers under 42 U.S.C. § 1983 for excessive force, failure to intervene, deliberate indifference, and retaliation claims arising from use of force during his confinement. The district court granted summary judgment to defendants, determining that (1) Bourne's claims for monetary damages against the defendants in their official capacities are precluded by the Eleventh Amendment, (2) his excessive-force claims are barred by Heck v. Humphrey , 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994), and its progeny,…

2Cases cited14 opinions

  1. Erickson v. PardusSupreme Court of the United States · 2007
  2. Heck v. HumphreySupreme Court of the United States · 1994
  3. Scott v. HarrisSupreme Court of the United States · 2007
  4. Hudson v. McMillianSupreme Court of the United States · 1992
  5. Edwards v. BalisokSupreme Court of the United States · 1997

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3Cited by74 opinions

  1. Eboni Baldwin v. Harris County Sheriff DeptCourt of Appeals for the Fifth Circuit · 2020
  2. Layne Aucoin v. Andrew CupilCourt of Appeals for the Fifth Circuit · 2020
  3. Crittindon v. LeBlancCourt of Appeals for the Fifth Circuit · 2022
  4. Fairchild v. Coryell CtyCourt of Appeals for the Fifth Circuit · 2022
  5. Gray v. WhiteCourt of Appeals for the Fifth Circuit · 2021

69 more not listed; retrieve them via the Exa API.

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