Michael Eugene Grimage v. A. M. Gwara

Summary

The court affirmed summary judgment for the correctional officer on the inmate's Eighth Amendment excessive-force claim. It held that the inmate waived his challenge to the magistrate judge's nondispositive discovery order by failing to object below, and that his later-filed opposition and declaration could not be considered on appeal. The court further concluded that the record showed no genuine issue of material fact because the pepper spray was used in a good-faith effort to prevent a suicide attempt rather than maliciously to cause harm.