United States Third Circuit

Summary judgment in favor of named correctional officers was improper in an excessive force claim brought by a prisoner under the Eighth Amendment; corrections officers have a duty to intervene when other officers use excessive force, irrespective of the rank of the offending officers.

Appellate Information

• Decided 06/11/2002
• Published 06/11/2002

Judges

• Before:  BECKER, Chief Judge, and McKEE and WEIS, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Deena J. Schneider (argued), Matthew B. Holmwood, Schnader Harrison Segal & Lewis, LLP, Philadelphia, PA, for appellant.


• For Appellees:
  
• Calvin R. Koons (argued), John G. Knorr, III, Office of Attorney General, Appellate Litigation Section, Harrisburg, PA, for appellees.