[DOWNLOAD] "Franklin V. Aycock" by United States Court Of Appeals For The Sixth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Franklin V. Aycock
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 15, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
The defendants, Max Aycock, et al., appeal and the plaintiff, Marty O'Shea Franklin, cross-appeals from the judgment of the district court entered in Franklin's action brought pursuant to 42 U.S.C. § 1983. Franklin, a state inmate, asserted two claims in his action. He alleged that prison officials physically beat him violating his Eighth Amendment rights to be free from cruel and unusual punishment and his Fourteenth Amendment due process rights. He also alleged that a prison disciplinary proceeding violated his procedural due process rights under the Fourteenth Amendment. The defendants claim the district court erred in finding for Franklin on his claim of physical abuse and in awarding monetary damages against three prison officials based on that finding. Franklin claims in his cross-appeal that the district court erred in declining to award damages on his procedural due process claim, despite having found that the procedures afforded Franklin in his disciplinary proceeding were deficient. For the reasons that follow, we affirm the district court's rulings concerning Franklin's claim of abuse, but remand Franklin's procedural due process claim for further consideration on the issue of damages.