Legal Opinion

Marty O'Shea Franklin, Cross-Appellant v. Max Aycock, Cross-Appellees

Court of Appeals for the Sixth Circuit

Decided July 15, 1986No. 85-5040, 85-5072PublishedCited by 80 opinions

1Opinion of the Court

CONTIE, Circuit Judge.

The defendants, Max Aycock, et al., appeal and the plaintiff, Marty O’Shea Franklin, cross-appeals from the judgment of the district court entered in Franklin’s action brought pursuant to 42 U.S.C. § 1983. Franklin, a state inmate, asserted two claims in his action. He alleged that prison officials physically beat him, violating his Eighth Amendment rights to be free from cruel and unusual punishment and his Fourteenth Amendment due process rights. He also alleged that a prison disciplinary proceeding violated his procedural due process rights under the Fourteenth…

2Cases cited29 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  3. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  4. Hudson v. PalmerSupreme Court of the United States · 1984
  5. Daniels v. WilliamsSupreme Court of the United States · 1986

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3Cited by80 opinions

  1. Ronald Newsom Hasan Sharif Eddie J. McMillan and Donald Wolverton v. Steve Norris, Commissioner Michael Dutton, Warden and David HindmanCourt of Appeals for the Sixth Circuit · 1989
  2. Gregory Howard v. Herbert GrinageCourt of Appeals for the Sixth Circuit · 1996
  3. John Allen Caldwell v. Woodford County Chief Jailer, James Moore, Harry Stephen Tracy Rick Adkins Daniel E. Clark W. Keith BroughtonCourt of Appeals for the Sixth Circuit · 1992
  4. Northington v. MarinCourt of Appeals for the Tenth Circuit · 1996
  5. Ellis v. Gallatin Steel Co.Court of Appeals for the Sixth Circuit · 2004

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