DeAngelo Thomas v. Alford Northern

U.S. Court of Appeals for the Eighth Circuit
DeAngelo Thomas v. Alford Northern, 382 F. App'x 538 (8th Cir. 2010)

DeAngelo Thomas v. Alford Northern

Opinion

PER CURIAM.

In this pro se appeal, Missouri inmate DeAngelo Lamont Thomas challenges the district court’s 1 adverse grant of summary judgment in his 42 U.S.C. § 1983 suit alleging that the use of pepper spray on him amounted to excessive force. Having carefully reviewed the record de novo, see Nelson v. Shuffman, 603 F.3d 439, 445 (8th Cir. 2010) (standard of review), we agree with the district court that the one-time use of pepper spray in these circumstances — Thomas was refusing orders to stop behavior that was deemed to present a security risk — did not violate the Eighth Amendment. Accordingly, we affirm the district court’s judgment, see 8th Cir. R. 47B; and we deny Thomas’s petition for a writ of prohibition.

1

. The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the Eastern District of Missouri.

Reference

Full Case Name
DeAngelo Lamont THOMAS, Appellant, v. Alford NORTHERN; Gary Rusher; Ray Hopper; Stephan Clark; Danny Kirkman; Jonathan Rice; Robert Hooper; Missouri Department of Corrections, Appellees
Status
Unpublished