Legal Opinion

Atkins v. Latanzio

District Court, W.D. New York

Decided May 18, 1995No. 89-CV-453HPublishedCited by 1 opinion

1Opinion of the Court

*670DECISION AND ORDER

HECKMAN, United States Magistrate Judge.

The parties have consented pursuant to 28 U.S.C. § 636(c) to have the undersigned conduct all proceedings in this case, including entry of judgment. A four-day non-jury trial was held before the undersigned, concluding on February 10, 1995. On that date the court issued its oral decision after trial, finding that plaintiff had failed to sustain his burden of proof on his claim under 42 U.S.C. § 1983 for use of excessive force in violation of the eighth amendment, based on the conduct of certain prison employees at the Wende…

2Cases cited21 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Foman v. DavisSupreme Court of the United States · 1962
  4. Morrissey v. BrewerSupreme Court of the United States · 1972
  5. Napue v. IllinoisSupreme Court of the United States · 1959

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3Cited by1 opinion

  1. Johnson v. United StatesDistrict Court, N.D. Iowa · 2012

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