# Thomas A. Munz v. Tobin Michael, Deputy U.S. Marshal Kirk Papenthien, Deputy U.S. Marshal, David R. Hansen, U.S. District Judge

> Court of Appeals for the Eighth Circuit · July 1, 1994 · 28 F.3d 795

URL: https://www.frixlaw.com/law-library/cases/9486989

## Case

- **Full name:** Thomas A. MUNZ, Appellee, v. Tobin MICHAEL, Deputy U.S. Marshal; Kirk Papenthien, Deputy U.S. Marshal, Appellants, David R. Hansen, U.S. District Judge, Defendant
- **Court:** Court of Appeals for the Eighth Circuit
- **Decided:** July 1, 1994
- **Citations:** 28 F.3d 795; 1994 U.S. App. LEXIS 16372; 1994 WL 288376
- **Precedential status:** Published
- **Opinion:** Dissent by Wollman
- **Judges:** McMillian, Wollman, Magill
- **Cited by:** 123 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9486989

## How later opinions describe it (automated extraction)

- recognizing that not every push or shove violates a prisoner’s constitutional rights but determining that, even if Mr. Munz initially created the disturbance and sustained no serious injury, Mr. Munz alleged much more, including that “while he was bound hand and foot, defendan…
- concluding that “a state prisoner released from state prison into the custody of defendants pursuant to a writ of habeas corpus ad prosequendum” “was a prisoner protected by the Eighth Amendment” on his excessive force claim (citing Sinito v. Kindt, 954 F.2d 467, 469 (7th Cir.…
- holding when a federal court considers a motion for summary judgment under Federal Rule of Civil Procedure 56(c), it must view the facts alleged in the light most favorable to the non-moving party and must give the non-moving party all reasonable inferences from those facts

## Opinion text

WOLLMAN, Circuit Judge,
dissenting.
I dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9486989. Public record. Not legal advice.