United States Eighth Circuit

An Eighth Amendment claim exists when a corrections officer uses pepper spray without warning on an inmate who may have questioned the officer's actions but who otherwise presented no threat. Officers were not entitled to summary judgment on qualified immunity where the nature and manner of force used was excessive.

Appellate Information

• Decided 09/17/2002
• Published 09/17/2002

Judges

• MURPHY, Circuit Judge., Before HANSEN, Chief Judge, BRIGHT, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Ryan P. Blue, Asst. Atty. Gen., argued, Little Rock, AR, for appellant.


• For Appellees:
  
• Gary D. Corum, argued, Little Rock, AR, for appellee.