Professional Documents
Culture Documents
No. 12-6069
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill.
Henry M. Herlong, Jr., Senior
District Judge. (0:10-cv-02327-HMH)
Submitted:
Decided:
PER CURIAM:
Dion Orlando Taylor, a South Carolina state inmate,
appeals the district courts order adopting the recommendation
of
the
magistrate
defendants
judge
Sergeant
and
Michael
granting
Lang,
summary
Warden
Levern
judgment
to
Cohen,
and
affirm
in
part,
vacate
in
part,
and
remand
for
further
consideration.
We review de novo a district courts order granting
summary judgment.
(4th Cir. 2010).
Fed. R. Civ. P.
372,
380
(2007)
(internal
quotation
omitted).
could
return
evidence presented.
242, 249 (1986).
verdict
for
the
nonmoving
party
on
the
Id. at 248-49.
In
Williams
Eighth Amendment
issue
acted
with
sufficiently
culpable
state
of
mind
inflicted
on
(objective component).
In
claimant
must
component
claim
meet
that
the
inmate
was
sufficiently
serious
Id.
for
excessive
heavy
burden
correctional
application
to
satisfy
officers
of
the
force,
subjective
applied
force
In determining whether a
prison
official
consider
the
has
acted
necessity
with
for
the
wantonness,
application
courts
of
should
force;
the
relationship between the need for force and the amount of force
used; the extent of the injury inflicted; the extent of the
threat
to
the
safety
of
the
staff
and
other
prisoners,
as
in
light
most
favorable
to
Taylor,
the
evidence
with
Taylor,
commanded
Taylor
to
face
him,
and
Langs
various
directives
and
was
not
acting
in
an
We accordingly
based
however,
on
his
cannot
establish
supervision
of
Warden
Lang.
Cohens
Taylors
were
engaging
in
potentially
unjustified
uses
of
unsatisfactory
investigation
and
consideration
participation
constitutionally
in
the
prisons
protected,
and
of
his
various
Taylors access to
grievance
Sergeant
process
Montouths
are
not
alleged
granting
summary
judgment
on
each
of
Taylors
claims
As
to
that
claim,
we
vacate
the
argument
adequately
because
presented
in
the
the
facts
and
materials
grant
of
summary
We dispense with
legal
contentions
before
the
Court
are
and
AFFIRMED IN PART,
VACATED IN PART,
AND REMANDED