No. 21-6856

Darrell Wayne Butler v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2022-01-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: anderson-v-liberty-lobby civil-procedure civil-rights constitutional-rights due-process excessive-force material-facts prison-officials summary-judgment
Latest Conference: 2022-02-25
Question Presented (from Petition)

This petition seeks review of an order affirming appeal from the U.S. court of appeals granting summary judgment in favor of prison official, in his 42 U.S.C. § 1983 action alleging that several correctional officers beat the plaintiff excessively in violation of the Eighth Amendment during an unnecessary extraction inside a prison shower. Question presented is :

1. Whether the court erred in granting summary judgment to the officials on the ground that there was a genuine dispute of material fact concerning whether the officials used excessive force to cause harm?

2. Whether the court erred in ruling in favor of the movants instead of the non movant when the evidence is to be believed and drawn in the non movant favor.

3. Genuine dispute of facts are those in which the evidence is such that a reasonable jury could return a verdict for the non movant. The plaintiff advised the court that prison officials hit him in the scalp, forehead with handcuffs and naked fist during a shower extraction. The video evidence clearly shows the plaintiff was bleeding badly from his scalp and forehead when the prison officials brought the plaintiff out of the shower. Surely, any reasonable jury would believe that prison official did harm the plaintiff, and his right to be free of excessive force was clearly violated based on the video evidence in this case. Therefore, the order affirming the motion for summary judgment rendered September 21, 2021 should be quashed.

Question Presented (AI Summary)

Whether the court erred in granting summary judgment to the officials on the ground that there was a genuine dispute of material fact concerning whether the officials used excessive force to cause harm?

Docket Entries

2022-02-28
Petition DENIED.
2022-02-10
DISTRIBUTED for Conference of 2/25/2022.
2022-02-01
Waiver of right of respondent William Blitch, et al. to respond filed.
2021-12-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2022)

Attorneys

Darrell Wayne Butler
Darrell Wayne Butler — Petitioner
William Blitch, et al.
Lori HuskissonOffice of the Attorney General, Respondent