United States Ninth Circuit

Summary judgment in a prisoner's 42 U.S.C. section 1983 claim, alleging excessive force by corrections officers, should not have been granted based on plaintiff's failure to timely file an opposition in violation of a local court rule, and issues remain as to whether the degree of force used was clearly unlawful.

Appellate Information

• Argued 11/06/2002
• Decided 03/26/2003
• Published 03/26/2003

Judges

• WARDLAW, Circuit Judge., Before: HALL, THOMPSON and WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Elizabeth A. Barranco, El Cajon, CA, for the plaintiff-appellant.


• For Appellees:
  
• Richard D. Wolfe, Deputy Attorney General, San Diego, CA, for the defendants-appellees.