[DOWNLOAD] "Mclaurin v. Morton" by Sixth Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Mclaurin v. Morton
- Author : Sixth Circuit U.S. Court of Appeals
- Release Date : January 03, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
KENNEDY, Circuit Judge. Defendant Roger Marriott, a correctional officer of the Michigan Department of Corrections ("Department of Corrections"), appeals the denial of qualified immunity in this section 1983 action brought by plaintiff Jack McLaurin, a prisoner at Jackson State Prison. Plaintiffs suit stemmed from an incident during which, at Marriotts order, mace was used to bring plaintiff down from the basketball goal and razor ribbon fence he had climbed in the prison exercise yard. Plaintiff alleges a violation of the Eighth Amendment through the use of excessive force and a violation of a state-created liberty interest under the Fourteenth Amendment. The District Court denied Marriotts motion for summary judgment. Marriott appeals only with respect to the District Courts denial of qualified immunity for plaintiffs state-created liberty interest claim. For the reasons stated, we reverse.