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MILLER v. LEATHERS

No. 88-7651.

913 F.2d 1085 (1990)

Nathan MILLER, Plaintiff-Appellant, v. Emery LEATHERS, Officer, Defendant-Appellee, and North Carolina Prisoner Legal Services, Inc.; Carolina Legal Assistance, Inc., Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 13, 1990.

As Amended October 12, 1990.

Attorney(s) appearing for the Case

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

Howard Edwin Hill, Associate Atty. Gen., North Carolina Dept. of Justice, Raleigh, N.C., argued, (Lacy H. Thornburg, Attorney General, North Carolina Dept. of Justice, Raleigh, N.C., on brief), for defendant-appellee.

Roger Manus, Carolina Legal Assistance, Inc., Raleigh, N.C., Michael S. Hamden, North Carolina Prisoner Legal Services, Inc., Raleigh, N.C., for amici curiae.

Before ERVIN, Chief Judge, and RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, CHAPMAN, WILKINSON and WILKINS, Circuit Judges.

K.K. HALL, Circuit Judge:

Nathan Miller, a North Carolina inmate, brought this action pursuant to 42 U.S.C. § 1983 claiming that a state prison guard, Emery Leathers, used excessive force against him in violation of his Eighth Amendment rights. He appeals from the district court's order granting Leathers' motion for summary judgment. We vacate the judgment of the district court and remand the case for further proceedings.

I.

Summary judgment...

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