BURNS v. EATON

No. 13-1730.

752 F.3d 1136 (2014)

Roy Don BURNS, Plaintiff-Appellant v. Edward EATON, Sgt.; Renita White, Corporal, East Arkansas Regional Unit, ADC, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 23, 2014.


Attorney(s) appearing for the Case

William Arnold Waddell, Jr. , argued and on the brief, Little Rock, AR, for Plaintiff-Appellant.

James Owen Howe , AAG, arggued and on the brief, Little Rock, AR, for Defendant-Appellee.

Before LOKEN, MURPHY, and SMITH, Circuit Judges.


LOKEN, Circuit Judge.

In this 42 U.S.C. § 1983 action, Roy Don Burns, an inmate in the Maximum Security Unit of the Arkansas Department of Corrections ("ADC"), claims that his Eighth Amendment rights were violated when Sgt. Earl Eaton pepper-sprayed Burns when he refused to return to his cell after showering, and Cpl. Renita White turned off the water, preventing Burns from rinsing off the pepper spray for ten to fifteen minutes. The district court

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