Legal Opinion

Levine v. Roebuck

Court of Appeals for the Eighth Circuit

Decided December 4, 2008No. 07-3388PublishedCited by 19 opinions

1Opinion of the Court

LOKEN, Chief Judge.

In this § 1983 action, Missouri inmate Joel LeVine alleges that a correctional officer and two prison nurses violated his Fourth and Eighth Amendment rights by forcing him to undergo catheterization to avoid prison discipline when he could not provide a urine sample for a random drug test. The district court dismissed the Eighth Amendment claims on the merits, and the Fourth Amendment claims on the basis of qualified immunity. LeVine appeals. Reviewing the grant of summary judgment de novo, we affirm.

I. Facts and Procedural History

In November 2004, Correctional Officer…

2Cases cited17 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Scott v. HarrisSupreme Court of the United States · 2007
  3. Bell v. WolfishSupreme Court of the United States · 1979
  4. Hudson v. PalmerSupreme Court of the United States · 1984
  5. Brosseau v. HaugenSupreme Court of the United States · 2004

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3Cited by19 opinions

  1. Donald Parkell v. Carl DanbergCourt of Appeals for the Third Circuit · 2016
  2. Kendrick Story v. Maxcie FooteCourt of Appeals for the Eighth Circuit · 2015
  3. Miller v. IDAHO STATE PATROLIdaho Supreme Court · 2011
  4. Norman v. SchuetzleCourt of Appeals for the Eighth Circuit · 2009
  5. Sease Beard v. Doris FalkenrathCourt of Appeals for the Eighth Circuit · 2024

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