WILLIAMS v. MUSSOMELLI

No. 83-5035.

722 F.2d 1130 (1983)

Ronald Alfred WILLIAMS, Appellee v. Sgt. MUSSOMELLI; Robert Whitesell, Correctional Officer I; John Weaver, Correctional Officer I; Robert Miller, Sgt. Correctional Officer; Robert Horvat, Correctional Officer I; State Correctional Institution At Pittsburgh, P.O. Box 9901, Pittsburgh, Pennsylvania, 15233. Appeal of Robert WHITESELL. United States of America, Intervenor.

United States Court of Appeals, Third Circuit.

Decided December 6, 1983.


Attorney(s) appearing for the Case

Sherree L. Sturgis (argued), Chief Counsel, Bureau of Correction, Commonwealth of Pa., Camp Hill, Pa., for appellant.

Harry S. Cohen (argued), Trushel, Wood & Israel, Pittsburgh, Pa., for appellee.

Michael F. Hertz (argued), Appellate Litigation Counsel, Civil Div., U.S. Dept. of Justice, Washington, D.C., for intervenor.

Before ALDISERT, HUNTER and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

The magistrate trying this case in the district court instructed the jury that "grossly excessive force" used by a prison guard against an inmate would constitute a violation of the eighth amendment. We conclude that when the charge is read as a whole, this language and other similar phraseology adequately expressed the appropriate standard. We also find applicable a decision of this court in a companion case that...

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