98-4252 Outlaw v. Newkirk

By: dmc-admin//August 6, 2001//

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“[W]e find that the defendants met their initial burden of production in moving for summary judgment. They submitted affidavits which represented that prisoners throwing matter or grabbing guards through the cuffports is a security threat and that the cuffport doors need to be closed to minimize these hazards. The affidavits also stated that Outlaw said ‘Take this garbage, you bitch’ while holding garbage through the cuffport. Finally … the defendants pointed out the minor nature of Outlaw’s injuries. … The burden then shifted to Outlaw to present specific evidence that would demonstrate a genuine and material issue for trial. To do this, Outlaw needed to present evidence suggesting that the incident was neither accidental nor justified, and that Mable applied more than de minimis physical force. Outlaw has failed to carry his burden.”

Affirmed.

Appeal from the United States District Court for the Northern District of Indiana, Miller, J., Bauer, J.

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