United States Eighth Circuit

In a 42 U.S.C. section 1983 action brought by a prisoner against prison official-defendants alleging excessive force claims, summary judgment for defendants is reversed in part where: 1) although plaintiff's claim for damages concerning his receipt of alternative meals instead of his special food tray was barred by the Eleventh Amendment; nevertheless 2) there were triable issues as to whether restraining plaintiff on a bench for 24 hours and using pepper spray against him constituted excessive force.

Appellate Information

• Decided 05/30/2008
• Published 05/30/2008

Judges

• PER CURIAM., Before BYE, SMITH, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Darrin Scott Walker, Jefferson City, MO, pro se.


• For Appellees:
  
• Emily P. Kalmer, Asst. Atty. Gen., Jefferson City, MO (Jeremiah W. (Jay) Nixon, Atty. Gen., on the brief), for appellees.