U.S. Court of Appeals for the Fourth Circuit, 2005

Cerkoney v. Hughes

Cerkoney v. Hughes
U.S. Court of Appeals for the Fourth Circuit · Decided June 22, 2005 · Niemeyer, Williams, Hamilton
135 F. App'x 616

Cerkoney v. Hughes

Opinion

PER CURIAM:

Jeffrey S. Cerkoney, a North Carolina inmate, appeals the district court’s order dismissing his 42 U.S.C. § 1983 (2000) complaint without service of process for failure to state a claim of excessive force in violation of the Eighth Amendment.

In his complaint, Cerkoney alleges that he was hog-tied for twenty-four hours during which he was not allowed to go to the bathroom. As a result, he allegedly urinated on himself, suffered petite-mal seizures in the tied position, and experienced severe abdominal and back pain due to irritable bowel disease. On this record, we cannot find that Cerkoney’s complaint fails to state a claim for excessive force. See Norman v. Taylor, 25 F.3d 1259, 1263 & n. 4 (4th Cir. 1994) (en banc).

*617 Accordingly, we vacate the district court’s order and remand for further proceedings so that the complaint may be served on Defendants and the record properly developed. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

VACATED AND REMANDED

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