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MILLER v. LEATHERS

No. 88-7651.

885 F.2d 151 (1989)

Nathan MILLER, Plaintiff-Appellant, v. Emery LEATHERS, Officer, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 12, 1989.

Attorney(s) appearing for the Case

Philip Azar, Student Counsel (Steven H. Goldblatt, Director; Dori K. Bernstein, Maureen F. Del Duca, Supervising Attys., David L. Engelhardt, Student Counsel, Appellate Litigation Program, Georgetown University Law Center, on brief), for plaintiff-appellant.

Howard Edwin Hill, Associate Atty. Gen. (Lacy H. Thornburg, Atty. Gen., on brief) for defendant-appellee.

Before HALL, WILKINSON and WILKINS, Circuit Judges.

WILKINSON, Circuit Judge:

Here we must determine if the district court erred in granting summary judgment to a defendant prison guard whom the plaintiff inmate alleged had used excessive force against him in violation of his constitutional rights. We find that the grant of summary judgment was proper and affirm.

I.

Appellant Nathan Miller is incarcerated at Central Prison in Raleigh, North Carolina, for armed robbery. On January 3, 1987, Miller filed...

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