Sound Check, Inc. v. American Federation

1The HONORABLE SUSAN WEBBER WRIGHT, Chief Judge of the United
States District Court for the Eastern District of Arkansas, adopting the report and
recommendations of the HONORABLE HENRY L. JONES, JR., United States
Magistrate Judge for the Eastern District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 99-2632
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Gregory D. Graves, *
*
Plaintiff - Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
Hubert M. Davis; P. R. Walker, *
* [UNPUBLISHED]
Defendants - Appellees. *
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Submitted: January 26, 2000
Filed: February 4, 2000
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Before LOKEN, FAGG, and HANSEN, Circuit Judges.
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PER CURIAM.
Arkansas inmate Gregory Graves appeals the district court’s1 grant of summary
judgment dismissing his 42 U.S.C. § 1983 claims against correctional officers for
excessive force and retaliation. The summary judgment record confirms that no more
than minimal force was applied in response to misconduct for which Graves was

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convicted of a disciplinary infraction. Those facts preclude recovery for excessive
force or retaliation. See Hudson v. McMillian, 503 U.S. 1, 9 (1992); Henderson v.
Baird, 29 F.3d 464, 469 (8th Cir. 1994), cert. denied, 515 U.S. 1145 (1995).
Accordingly, we affirm. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

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