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  • Cerkoney v. Hughes, 4th Cir. (2005)

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    This document summarizes a court case in which Jeffrey Cerkoney, a North Carolina inmate, filed a §1983 civil rights lawsuit alleging excessive force against prison officials. Cerkoney claimed he was hog-tied for 24 hours without access to a bathroom, causing him to urinate on himself and experience pain from a medical condition. The lower court dismissed the case without the defendants even being served. However, the appeals court found that Cerkoney's allegations, if true, could state a valid excessive force claim. Therefore, the appeals court vacated the lower court's dismissal and remanded the case back to be properly served and the record to be developed.

    Original Description:

    Filed: 2005-06-22 Precedential Status: Non-Precedential Docket: 05-6197

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    This document summarizes a court case in which Jeffrey Cerkoney, a North Carolina inmate, filed a §1983 civil rights lawsuit alleging excessive force against prison officials. Cerkoney claimed he was hog-tied for 24 hours without access to a bathroom, causing him to urinate on himself and experience pain from a medical condition. The lower court dismissed the case without the defendants even being served. However, the appeals court found that Cerkoney's allegations, if true, could state a valid excessive force claim. Therefore, the appeals court vacated the lower court's dismissal and remanded the case back to be properly served and the record to be developed.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    5 views3 pages

    Cerkoney v. Hughes, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case in which Jeffrey Cerkoney, a North Carolina inmate, filed a §1983 civil rights lawsuit alleging excessive force against prison officials. Cerkoney claimed he was hog-tied for 24 hours without access to a bathroom, causing him to urinate on himself and experience pain from a medical condition. The lower court dismissed the case without the defendants even being served. However, the appeals court found that Cerkoney's allegations, if true, could state a valid excessive force claim. Therefore, the appeals court vacated the lower court's dismissal and remanded the case back to be properly served and the record to be developed.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-6197

    JEFFREY S. CERKONEY,
    Plaintiff - Appellant,
    versus
    MARCUS
    HUGHES,
    Superintendent
    at
    Avery/Mitchell
    Correctional
    Institution;
    ROBERT CALLOWAY, Sergeant at Avery/Mitchell
    Correctional Institution; ELIZABETH ERVIN,
    Correctional
    Officer
    at
    Avery/Mitchell
    Correctional
    Institution;
    JAMES
    CABLES,
    Correctional
    Officer
    at
    Avery/Mitchell
    Correctional Institution,
    Defendants - Appellees.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Asheville. Graham C. Mullen, Chief
    District Judge. (CA-04-211-1-1MU)

    Submitted:

    May 31, 2005

    Decided:

    June 22, 2005

    Before NIEMEYER and WILLIAMS, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Vacated and remanded by unpublished per curiam opinion.

    Jeffrey S. Cerkoney, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    - 2 -

    PER CURIAM:
    Jeffrey S. Cerkoney, a North Carolina inmate, appeals the
    district courts order dismissing his 42 U.S.C. 1983 (2000)
    complaint without service of process for failure to state a claim
    of excessive force in violation of the Eighth Amendment.
    In his complaint, Cerkoney alleges that he was hog-tied
    for twenty-four hours during which he was not allowed to go to the
    bathroom.

    As a result, he allegedly urinated on himself, suffered

    petite-mal seizures in the tied position, and experienced severe


    abdominal and back pain due to irritable bowel disease.

    On this

    record, we cannot find that Cerkoneys complaint fails to state a


    claim for excessive force.

    See Norman v. Taylor, 25 F.3d 1259,

    1263 & n.4 (4th Cir. 1994) (en banc).


    Accordingly, we vacate the district courts order and
    remand for further proceedings so that the complaint may be served
    on Defendants and the record properly developed.

    We dispense with

    oral

    contentions

    argument

    because

    the

    facts

    and

    legal

    are

    adequately presented in the materials before the court and argument


    would not aid the decisional process.

    VACATED AND REMANDED

    - 3 -

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