Legal Opinion

Andres M. Martinez v. G.D. Stanford W. Owen M. Atkinson D. Rockholt J. Stovall

Court of Appeals for the Ninth Circuit

Decided March 26, 2003No. 01-56496PublishedCited by 236 opinions

1Opinion of the Court

WARDLAW, Circuit Judge.

Andres M. Martinez appeals the district court’s grant of the Calipatria State Prison correctional officers’ renewed summary judgment motion on his 42 U.S.C. § 1983 claim. Martinez claims that the correctional officers violated his Eighth and Fourteenth Amendment rights by using excessive force against him while breaking up a prison fight in an adjacent cell. We must decide whether summary judgment was erroneously granted, despite the failure of Martinez’s counsel to file a timely opposition to the officers’ motion and the existence of a local rule indicating that such…

2Cases cited14 opinions

  1. Hudson v. McMillianSupreme Court of the United States · 1992
  2. Whitley v. AlbersSupreme Court of the United States · 1986
  3. Cyrus Ghazali v. John Moran, Sheriff Clark County CommissionersCourt of Appeals for the Ninth Circuit · 1995
  4. United States v. BoyleSupreme Court of the United States · 1985
  5. Del P. Henry, Jr., a Single Man, Plaintiff-Appellant-Cross-Appellee v. Gill Industries, Inc., Defendant-Appellee-Cross-AppellantCourt of Appeals for the Ninth Circuit · 1993

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3Cited by236 opinions

  1. Heriberto Rodriguez v. County of Los AngelesCourt of Appeals for the Ninth Circuit · 2018
  2. Paul Thompson, Jr. v. Commonwealth of VirginiaCourt of Appeals for the Fourth Circuit · 2017
  3. Edward Furnace v. Paul SullivanCourt of Appeals for the Ninth Circuit · 2013
  4. Dewayne Bearchild v. Kristy CobbanCourt of Appeals for the Ninth Circuit · 2020
  5. Lolli v. County of OrangeCourt of Appeals for the Ninth Circuit · 2003

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

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