Legal Opinion

Underwood v. Barrett

Court of Appeals for the First Circuit

Decided May 17, 2019No. 16-1725PPublishedCited by 15 opinions

1Per curiam

When plaintiff refused to exit a prison recreation cage to be brought to a new cell, prison officials used oleoresin capsicum ("pepper spray"), physical force, and handcuffs to secure his compliance with the officials' orders. Plaintiff subsequently brought this lawsuit under 42 U.S.C. § 1983 , alleging the use of excessive force in violation of the Eighth Amendment to the U.S. Constitution.

The prison officials eventually moved for summary judgment, contending that, at the very least, they were entitled to qualified immunity. See Gray v. Cummings , 917 F.3d 1 , 10 (1st Cir. 2019)…

2Cases cited6 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Scott v. HarrisSupreme Court of the United States · 2007
  3. Agostini v. FeltonSupreme Court of the United States · 1997
  4. Gray v. CummingsCourt of Appeals for the First Circuit · 2019
  5. Conlogue v. HamiltonCourt of Appeals for the First Circuit · 2018

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3Cited by15 opinions

  1. O'Brien v. Town of BellinghamCourt of Appeals for the First Circuit · 2019
  2. United States v. CowetteCourt of Appeals for the First Circuit · 2023
  3. Anna Silva, Administrator of the Estate of Fernando Ornelas, Plaintiff v. Elliot Hospital, et al., DefendantsDistrict Court, D. New Hampshire · 2020
  4. David Camp and Keith Hadmack, on behalf of themselves and all others similarly situated, Plaintiffs v. Bimbo Bakeries USA, Inc. and Bimbo Foods Bakeries Distribution, LLC, DefendantsDistrict Court, D. New Hampshire · 2020
  5. Camp v. Bimbo Bakeries USA, Inc.District Court, D. New Hampshire · 2020

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