DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

013368P.pdf   09/17/2002  Byron Treats  v.  James Morgan
   U.S. Court of Appeals Case No:  01-3368
   Eastern District of Arkansas   
   Prisoner case - prisoner civil rights. A basis for an Eighth 
   Amendment claim exists, when, as alleged here, an officer 
   uses pepper spray without warning on an inmate who may 
   have questioned the officer's actions but who otherwise 
   presented no threat; viewing the evidence in the light 
   most favorable to plaintiff, the officers were not entitled 
   to summary judgment on the basis of qualified immunity, 
   as there was sufficient evidence to show the nature and 
   manner of force used was excessive.