United States Third Circuit
SMITH v. MENSINGER, 99-1382
An inmate's action for Eighth Amendment violations may prevail under the circumstances of an alleged beating, despite the de minimis nature of his injuries, and a corrections officer can be found liable for failure to intervene based on his duty to uphold the law.
Appellate Information
- Decided 06/11/2002
- Published 06/17/2002
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.