Jerrick Atkinson v. Brandon Thomas, et al

Filing

Opinion issued by court as to Appellant Jerrick Atkinson. Decision: Vacated and Remanded. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.

Case: 15-14039

Date Filed: 02/14/2017

Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 15-14039
Non-Argument Calendar
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D.C. Docket No. 5:14-cv-00294-MTT-MSH

JERRICK ATKINSON,
Plaintiff - Appellant,
versus
COMMISSIONER, GEORGIA DEPARTMENT OF CORRECTIONS,
WARDEN, MACON STATE PRISON,
BRANDON THOMAS,
CO I- CERT, Macon State Prison,
CAROL FOWLER,
Intake, ID Supervisor, Macon State Prison,
Defendants - Appellees.
________________________
Appeal from the United States District Court
for the Middle District of Georgia
________________________
(February 14, 2017)

Case: 15-14039

Date Filed: 02/14/2017

Page: 2 of 2

Before HULL, MARCUS, and EDMONDSON, Circuit Judges.

PER CURIAM:

In this Eighth Amendment case for an alleged painful injury, we vacate the
grant of summary judgment for Defendant Thomas. Viewed in the light most
favorable to Plaintiff, the evidence shows that Plaintiff’s arm could be observed to
be already in a sling at the time of the occurrence underlying the claim, Plaintiff
gave spoken notice to the Defendant officer about Plaintiff’s recent shoulder
surgery, and Defendant said expressly that he cared “nothing about” Plaintiff’s
shoulder before setting on Plaintiff. In the light of this evidence and the other
now-assumed circumstances of this case, we conclude that a jury could find for
Plaintiff on this record.
VACATED and REMANDED.

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