DeAngelo Thomas v. Alford Northern, et al

Filing

PER CURIAM OPINION FILED - THE COURT: MICHAEL J. MELLOY, PASCO M. BOWMAN and LAVENSKI R. SMITH (UNPUBLISHED) Appellant's petition for writ of prohibition is denied.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

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

___________
No. 09-3799
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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* [UNPUBLISHED]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.
*
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Submitted: June 22, 2010
Filed: June 30, 2010
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Before MELLOY, BOWMAN, and SMITH, Circuit Judges.
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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.
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Appellate Case: 09-3799

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Date Filed: 06/30/2010 Entry ID: 3679298