Legal Opinion
Jennings v. McCormick
Court of Appeals for the Fifth Circuit
Decided October 9, 1998No. 09-70017PublishedCited by 28 opinions
1Per curiam
Kevin Jennings, a Texas inmate, filed this pro se 42 U.S.C. § 1983 action against correctional officer James McCormick alleging that the officer violated his Eighth Amendment right to be free from cruel and unusual punishment by subjecting him to excessive use of force. After a bench trial, the magistrate judge entered judgment dismissing Jennings’ suit with prejudice. Jennings appeals, contending that, because his proper demand for a jury trial had not been withdrawn or waived, the magistrate judge erred in conducting a bench trial in violation of his Seventh Amendment right to a jury trial.…
2Cases cited15 opinions
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- Dimick v. SchiedtSupreme Court of the United States · 1935
- Norman R. Spears v. O.L. McCotter Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1985
- Aetna Insurance v. Kennedy Ex Rel. BogashSupreme Court of the United States · 1937
- Loyd S. DACE, Appellant, v. ACF INDUSTRIES, INC., AppelleeCourt of Appeals for the Eighth Circuit · 1984
10 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Zenaida Garc A-Ayala v. Lederle Parenterals, Inc.Court of Appeals for the First Circuit · 2000
- Kinetic Concepts, Inc. v. Smith & Nephew, Inc.Court of Appeals for the Federal Circuit · 2012
- Douglas S. Winter v. Minnesota Mutual Life Insurance CompanyCourt of Appeals for the Seventh Circuit · 1999
- Carr v. Wal-Mart Stores Inc.Court of Appeals for the Fifth Circuit · 2002
- Middle Tennessee News Co. v. Charnel of Cincinnati, Inc.Court of Appeals for the Seventh Circuit · 2001
23 more not listed; retrieve them via the Exa API.