Legal Opinion
Nathan Miller v. Emery Leathers, Officer, and North Carolina Prisoner Legal Services, Inc. Carolina Legal Assistance, Inc., Amici Curiae
Court of Appeals for the Fourth Circuit
Decided October 12, 1990No. 88-7651PublishedCited by 283 opinions
1Opinion of the Court
K.K. HALL, Circuit Judge:
Nathan Miller, a North Carolina inmate, brought this action pursuant to 42 U.S.C. § 1983 claiming that a state prison guard, Emery Leathers, used excessive force against him in violation of his Eighth Amendment rights. He appeals from the district court’s order granting Leathers’ motion for summary judgment. We vacate the judgment of the district court and remand the case for further proceedings.
I
Summary judgment is appropriate only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Fed. R.Civ.P. 56(c). The…
2Cases cited6 opinions
- Whitley v. AlbersSupreme Court of the United States · 1986
- Johnson v. GlickCourt of Appeals for the Second Circuit · 1973
- N. Brown FELTY, Plaintiff-Appellant, v. GRAVES-HUMPHREYS COMPANY, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1987
- Charbonnages De France v. Frank B. Smith, Juanita Smith, Frank Smith, Jr., Smith Brothers Construction Company and Continental Coal Sales CorporationCourt of Appeals for the Fourth Circuit · 1979
- Joseph R. Harmon v. W.C. Berry and David MorseCourt of Appeals for the Eleventh Circuit · 1984
1 more not listed; retrieve them via the Exa API.
3Cited by283 opinions
- Hudson v. McMillianSupreme Court of the United States · 1992
- Shaw v. StroudCourt of Appeals for the Fourth Circuit · 1994
- Williams v. BenjaminCourt of Appeals for the Fourth Circuit · 1996
- Eddie Williams v. J.H. Griffin, Superintendent J.C. Harris, Jr., Area Administrator Aaron J. Johnson, Secretary of CorrectionsCourt of Appeals for the Fourth Circuit · 1991
- Sharon Temkin Bruce M. Temkin v. Frederick County Commissioners Glen Marion Selby, Jr.Court of Appeals for the Fourth Circuit · 1991
278 more not listed; retrieve them via the Exa API.