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NORMAN v. TAYLOR

No. 92-6648.

9 F.3d 1078 (1993)

Allain Delont NORMAN, Plaintiff-Appellant, v. Otis TAYLOR, Deputy Sergeant, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 9, 1993.

Rehearing Granted, Opinion Vacated June 10, 1994.

Attorney(s) appearing for the Case

Leonard A. Feiwus, Student Counsel, Appellate Litigation Clinical Program, George-town University Law Center, Washington, DC, argued (Steven H. Goldblatt, Director, Appellate Litigation Clinical Program, on the brief), for plaintiff-appellant.

Mark Douglas Stiles, Willcox & Savage, P.C., Norfolk, VA, argued (Conrad M. Shumadine, on the brief), for defendant-appellee.

Before HALL, PHILLIPS, and LUTTIG, Circuit Judges.

Rehearing In Banc Granted, Opinion Vacated June 10, 1994.

OPINION

K.K. HALL, Circuit Judge:

Allain D. Norman appeals the district court's grant of summary judgment in favor of Deputy Otis Taylor in Norman's 42 U.S.C. § 1983 action alleging that Taylor violated his Eighth Amendment rights through the use of excessive force. Because we find that a genuine issue of material fact exists regarding the circumstances of Norman's claim, we reverse and...

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