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    Owens v. Graham, 4th Cir. (1997)

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    This document is a court ruling on a case brought by Willie Owens against two police officers. The district court had denied Owens' claims under Section 1983. The appellate court dismissed one claim without prejudice (an alleged Fourth Amendment violation regarding a search) but affirmed the denial of an Eighth Amendment claim. The appellate court agreed with the district court's reasoning in accepting the magistrate's recommendation to deny relief on the Section 1983 complaint.

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    Owens v. Graham, 4th Cir. (1997)

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    This document is a court ruling on a case brought by Willie Owens against two police officers. The district court had denied Owens' claims under Section 1983. The appellate court dismissed one claim without prejudice (an alleged Fourth Amendment violation regarding a search) but affirmed the denial of an Eighth Amendment claim. The appellate court agreed with the district court's reasoning in accepting the magistrate's recommendation to deny relief on the Section 1983 complaint.

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    Filed: 1997-11-26 Precedential Status: Non-Precedential Docket: 97-6461

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    This document is a court ruling on a case brought by Willie Owens against two police officers. The district court had denied Owens' claims under Section 1983. The appellate court dismissed one claim without prejudice (an alleged Fourth Amendment violation regarding a search) but affirmed the denial of an Eighth Amendment claim. The appellate court agreed with the district court's reasoning in accepting the magistrate's recommendation to deny relief on the Section 1983 complaint.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    7 views2 pages

    Owens v. Graham, 4th Cir. (1997)

    Uploaded by

    Scribd Government Docs
    This document is a court ruling on a case brought by Willie Owens against two police officers. The district court had denied Owens' claims under Section 1983. The appellate court dismissed one claim without prejudice (an alleged Fourth Amendment violation regarding a search) but affirmed the denial of an Eighth Amendment claim. The appellate court agreed with the district court's reasoning in accepting the magistrate's recommendation to deny relief on the Section 1983 complaint.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 97-6461

    WILLIE J. OWENS,
    Plaintiff - Appellant,
    versus
    OFFICER GRAHAM; OFFICER ROGERS,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence.
    C. Weston Houck, Chief District
    Judge. (CA-96-1363-4-12JI)
    Submitted:

    October 31, 1997

    Decided:

    November 26, 1997

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


    Circuit Judge.
    Dismissed in part and affirmed in part by unpublished per curiam
    opinion.
    Willie J. Owens, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellant, a South Carolina inmate, appeals the district
    court's order denying relief on his 42 U.S.C. 1983 (1994) complaint under 28 U.S.C. 1915(d) (1994) (current version at 28
    U.S.C.A. 1915A (West Supp. 1997)). We have reviewed the record
    and the district court's opinion accepting the magistrate judge's
    recommendation. Accordingly, on the reasoning of the district
    court, Owens v. Graham, No. CA-96-1363-4-12JI (D.S.C. Feb. 4,
    1997), the Fourth Amendment claim (search) is dismissed without
    prejudice, and the district court's denial of the Eighth Amendment
    claim is affirmed. We dispense with oral argument because the facts
    and legal contentions are adequately presented in the materials
    before the court and argument would not aid the decisional process.

    DISMISSED IN PART AND AFFIRMED IN PART

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