Legal Opinion

Keith Howard v. C.O. II Barnett, C.C.O. I Johnson C.O. I Malone

Court of Appeals for the Eighth Circuit

Decided April 22, 1994No. 93-2147PublishedCited by 53 opinions

1Opinion of the Court

BOWMAN, Circuit Judge.

Keith Howard, a Missouri prisoner, sued Terry Barnett, a Missouri corrections officer, claiming that Barnett violated the Cruel and Unusual Punishments Clause of the Eighth Amendment of the United States Constitution by using excessive force against him. The jury rendered a verdict in Howard’s favor, and Barnett appeals. We reverse and remand for a new trial.

*870I.

The facts of this case were hotly contested at trial. For purposes of this appeal, we accept Howard’s version of the events in question.

Upon Howard’s return from an outside medical visit in March 1991, Corrections…

2Cases cited5 opinions

  1. Hudson v. McMillianSupreme Court of the United States · 1992
  2. Whitley v. AlbersSupreme Court of the United States · 1986
  3. Cummings v. MaloneCourt of Appeals for the Eighth Circuit · 1993
  4. Cowans v. WyrickCourt of Appeals for the Eighth Circuit · 1989
  5. Ben Sterkel v. Fruehauf Corporation Ace Hardware CorporationCourt of Appeals for the Eighth Circuit · 1992

3Cited by53 opinions

  1. Robert Foulk v. Ronald Charrier, Lieutenant Charrier Individually and in His Official Capacity, United States of America, Intervenor Below-AppellantCourt of Appeals for the Eighth Circuit · 2001
  2. Jeffrey C. Rahn v. Vickie Hawkins Craig Jansen Gerald FitzgeraldCourt of Appeals for the Eighth Circuit · 2006
  3. Ronnie Jackson v. Jeff GutzmerCourt of Appeals for the Eighth Circuit · 2017
  4. Sean Hoard v. J. HartmanCourt of Appeals for the Ninth Circuit · 2018
  5. Briggs v. MarshallCourt of Appeals for the Seventh Circuit · 1996

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