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BROOKS v. JOHNSON

No. 17-7261, No. 17-7448.

924 F.3d 104 (2019)

Altony BROOKS, Plaintiff-Appellant, v. Lieutenant JOHNSON; Captain Jacumin; Officer Fludd, Defendants-Appellees, and Hill Finklea Detention Center; Officer John Doe; Nurse John Doe; Officer John Doe; Officer Greene; Officer Johnson; Berkeley County Sheriff's Office, Defendants. Altony Brooks, Plaintiff-Appellant, v. Lieutenant Johnson; Captain Jacumin; Officer Fludd, Defendants-Appellees, and Hill Finklea Detention Center; Officer John Doe; Nurse John Doe; Officer John Doe; Officer Greene; Officer Johnson; Berkeley County Sheriff's Office, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: May 10, 2019.

Attorney(s) appearing for the Case

ARGUED: C. Daniel Lockaby , UNIVERSITY OF GEORGIA SCHOOL OF LAW, Athens, Georgia, for Appellant. Kevin Michael DeAntonio , SENN LEGAL, LLC, Charleston, South Carolina, for Appellees. ON BRIEF: Thomas V. Burch , Cary Berkeley Kaye , Wade Barron , Student Counsel, Sarah Quattrocchi , Student Counsel, Appellate Litigation Clinic, UNIVERSITY OF GEORGIA SCHOOL OF LAW, Athens, Georgia, for Appellant. Christopher T. Dorsel , SENN LEGAL, LLC, Charleston, South Carolina, for Appellees.

Vacated and remanded with instructions by published opinion. Judge Harris wrote the opinion, in which Judge Keenan and Judge Wynn joined.

A prison official deployed a taser three times against Altony Brooks when Brooks refused to hold still for an identification photograph. Brooks filed an Eighth Amendment excessive force suit, and the district court granted summary judgment against him, finding it beyond genuine dispute that the officer had applied force...

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