United States Second Circuit

In claim brought by estate of deceased inmate against several Department of Correctional Services (DOCS) officer for use of excessive force in violation of the Eighth Amendment and retaliation in violation of the First Amendment, grant of summary judgment dismissing inmate-petitioner's claims is affirmed over claim of error that there were genuine issues of material fact to be tried with respect to the claims.

Appellate Information

• Decided 02/03/2009
• Published 02/03/2009

Judges

Court

• United States Second Circuit

Counsel