United States Ninth Circuit

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Manley v. Rowley, 15-15320

In a 42 U.S.C. section 1983 prisoner civil rights action, alleging Eighth and Fourteenth Amendment claims for excessive force and deliberate indifference, to a different judge, the district court's summary judgment is: 1) affirmed in part as to the deliberate indifference claim against the officer for failure to intervene, where plaintiff failed to timely exhaust his administrative remedies as to that claim; and 2) reversed in part as to the excessive force claim, where the record indicated that a genuine dispute of material fact existed regarding whether appellees' use of force resulted in the unnecessary and wanton infliction of pain or suffering.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/01/30

Judges

  • O'SCANNLAIN

Court

  • United States Ninth Circuit

Counsel


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