United States Fourth Circuit

In a survival and wrongful death action brought pursuant to 42 U.S.C. section 1983 following inmate's death after being forcibly removed from his cell by seven correctional officers, defendants' interlocutory appeal from a partial denial of qualified immunity is dismissed in part and affirmed in part where: 1) there was no jurisdiction over one of the three claims presented on appeal because summary judgment was denied on the sole ground that issues of material fact remained; and 2) plaintiffs alleged facts sufficient to show that the officers violated certain of decedent's clearly established Eighth Amendment rights.

Appellate Information

• Decided 08/06/2008
• Published 08/06/2008

Judges

• Before MICHAEL and DUNCAN, Circuit Judges, and HENRY F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stephanie Judith Lane-Weber, Office Of The Attorney General of Maryland, Baltimore, Maryland, for Appellants.  Paul Lawrence Knight, O'Connor & Hannan, LLP, Washington, D.C., for Appellees.   ON BRIEF:  Douglas F. Gansler, Attorney General of Maryland, Baltimore, Maryland, for Appellants.  Gary C. Adler, Roetzel & Andress, LPA, Washington, D.C., for Appellees.