Phillip Cordell v. Glen McKinney

OPINION

KAREN NELSON MOORE, Circuit Judge.

Phillip Cordell filed suit under 42 U.S.C. § 1983 alleging that Deputy Sheriff Glen McKinney ran afoul of the Constitution’s guarantees under the Eighth Amendment when he slammed Cordell, who was handcuffed and restrained, headfirst into a concrete wall. The district court rejected Cordell’s suit, granting summary judgment and qualified immunity to Deputy McKinney. A genuine dispute as to several material facts exists, however, and if Cordell’s version of events is credited, a reasonable jury could conclude that Deputy McKinney inflicted serious pain…