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DAVIS v. CARROLL

No. CIV.A. 03-131-JJF.

390 F.Supp.2d 415 (2005)

Pernell L. DAVIS, Plaintiff, v. Warden Thomas CARROLL, et al., Defendants.

United States District Court, D. Delaware.

September 27, 2005.

Attorney(s) appearing for the Case

Pernell L. Davis, Pro Se Plaintiff.

Ophelia Michelle Waters, Esquire, of Department of Justice, Wilmington, DE, for Defendants.

MEMORANDUM OPINION

FARNAN, District Judge.

Pending before the Court is Defendants' Motion To Dismiss (D.I.35). Plaintiff Pernell L. Davis, an inmate at Delaware Correctional Center ("DCC") in Smyrna, Delaware, filed this action pursuant to 42 U.S.C. § 1983. In his Amended Complaint, Plaintiff alleges that Defendants have violated his Eighth Amendment right to be free from cruel and unusual punishment through the use of excessive force against...

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