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KING v. BLANKENSHIP

No. 78-6184.

636 F.2d 70 (1980)

Emmitt G. KING, Appellant, v. W. D. BLANKENSHIP, Superintendent; Louise D. Hall, Magistrate; James E. Johnson, Treatment Supr.; S. L. Townley, Captain of Guards, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 5, 1980.

Attorney(s) appearing for the Case

Rebecca Thompson Helton and Wayland J. Sermons, Jr., Third Year Law Students (Kenneth A. Zick, Associate Professor of Law, Wake Forest University School of Law, Winston-Salem, N. C., J. Clark Fischer, Third Year Law Student, on brief), for appellant.

Guy W. Horsley, Jr., Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen. of Virginia, Richmond, Va., on brief), for appellees.

Before WINTER, Circuit Judge, FIELD, Senior Circuit Judge, and PHILLIPS, Circuit Judge.

WINTER, Circuit Judge:

Adopting the factual findings and legal conclusions of the magistrate, the district court adjudged that Emmitt G. King had failed to sustain his claim that the excessive use of force on two occasions by officers at Bland Correctional Center, a Virginia penal institution, entitled him to relief under 42 U.S.C. § 1983. With respect to one incident, that of March 25, 1977, King appeals. We decide that the district court's ultimate finding...

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