DeAngelo Thomas v. Alford Northern, et al


PER CURIAM OPINION FILED - THE COURT: MICHAEL J. MELLOY, PASCO M. BOWMAN and LAVENSKI R. SMITH (UNPUBLISHED) Appellant's petition for writ of prohibition is denied. [3679298] [09-3799]

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-3799 ___________ DeAngelo Lamont Thomas, * * Appellant, * * Appeal from the United States v. * District Court for the Eastern * District of Missouri. Alford Northern; Gary Rusher; Ray * Hopper; Stephan Clark; Danny * [UNPUBLISHED] Kirkman; Jonathan Rice; Robert * Hooper; Missouri Department of * Corrections, * * Appellees. * ___________ Submitted: June 22, 2010 Filed: June 30, 2010 ___________ Before MELLOY, BOWMAN, and SMITH, Circuit Judges. ___________ PER CURIAM. In this pro se appeal, Missouri inmate DeAngelo Lamont Thomas challenges the district court’s1 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 1 The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the Eastern District of Missouri. Appellate Case: 09-3799 Page: 1 Date Filed: 06/30/2010 Entry ID: 3679298 (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. ______________________________ -2- Appellate Case: 09-3799 Page: 2 Date Filed: 06/30/2010 Entry ID: 3679298

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