Frear's lawyer said that the FHP doesn't known enough about the long term effects of the pepper spray and that troopers shouldn't be blasted with it. According to Labor Department officials who investigated Frear's complaint, the spray contains hazardous chemicals and at least four troopers sprayed with the chemical suffered injuries serious enough to require medical attention.
Readers will note that while troopers will no longer be sprayed, they will still have the chemical and be able to spray citizens. Chemical agents are routinely used against prisoners by prison officials. Prisoners exposed to such agents may want to consider researching the spray used and if it contains hazardous chemicals they may be able to present an eighth amendment claim for its use. The manufacturer would also be liable for marketing a hazardous product likely to be misused. PLN is interested in articles on litigation challenging the use of chemical agents in and out of prison.
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