THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: FRIDAY, June 17, 1994 TAG: 9406170581
SECTION: LOCAL PAGE: B5 EDITION: FINAL
SOURCE: RICHMOND
DATELINE: 940617 LENGTH: Short
In an 8-5 ruling, the 4th U.S. Circuit Court of Appeals said Allain Delont Norman's injury was too minor to prove Deputy Sgt. Otis Taylor used excessive force.
``At most, Norman received a sore thumb as a result of the incident,'' Judge Michael Luttig wrote.
The court also said Norman provided no evidence to substantiate his injury claim. Norman said he filed 15 or 16 requests for medical attention, but the forms were not found in the files.
Taylor said he did not hit Norman with the keys.
The ruling reversed an earlier 2-1 decision by a three-judge panel of the appeals court and affirmed U.S. District Judge J. Calvitt Clarke Jr.'s dismissal of the lawsuit.
In a dissenting opinion, Judge Kenneth Hall said the inmate was ``in a decidedly difficult position from which to generate `record evidence' on his behalf - he may not, for instance, retain a specialist or make an appointment to see his personal physician.''
He also said Norman complained that he still felt pain and emotional distress three years after the 1990 incident, demonstrating ``a genuine issue about whether Norman received more than `a sore thumb.'''
by CNB