Summary
The United States District Court for the Eastern District of California screened Terrel Holmes’s pro se prisoner civil-rights complaint under 42 U.S.C. § 1983. The court determined that Holmes sufficiently stated an Eighth Amendment excessive-force claim against Defendant Dawling based on allegations that Dawling intentionally slammed Holmes’s hand. The action was allowed to proceed past screening, with service of process to follow.
Holdings
- The complaint sufficiently stated a claim that Defendant Dawling used excessive force in violation of the Eighth Amendment, and the claim could proceed past screening.
- The court denied dismissal at the screening stage and allowed Holmes's sole claim against Dawling to proceed.
Questions Presented
- Whether the complaint should be dismissed at screening under 28 U.S.C. §§ 1915A and 1915(e)(2) for failure to state a claim.
- Whether the alleged intentional slamming of Plaintiff's hand sufficiently stated an Eighth Amendment excessive-force claim under 42 U.S.C. § 1983.
Disposition
other
Cases Cited (19)
- Erickson v. Pardus, 551 U.S. 89, 94 (2007)(followed)
- Graham v. Connor, 490 U.S. 386, 393-94 (1989)(followed)
- Baker v. McCollan, 443 U.S. 137, 144 n.3 (1979)(followed)
- Chapman v. Houston Welfare Rights Org., 441 U.S. 600, 618 (1979)(followed)
- Hall v. City of Los Angeles, 697 F.3d 1059, 1068 (9th Cir. 2012)(followed)
- Crowley v. Nevada, 678 F.3d 730, 734 (9th Cir. 2012)(followed)
- Anderson v. Warner, 451 F.3d 1063, 1067 (9th Cir. 2006)(followed)
- Long v. County of Los Angeles, 442 F.3d 1178, 1185 (9th Cir. 2006)(followed)
- Marsh v. County of San Diego, 680 F.3d 1148, 1158 (9th Cir. 2012)(followed)
- Preschooler II v. Clark County Sch. Bd. of Trs., 479 F.3d 1175, 1183 (9th Cir. 2007)(followed)
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Cited In (0)
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Court Document
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