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Macing and Restraints State Eighth Amendment Claim
Loaded on Nov. 15, 1996
published in Prison Legal News
November, 1996, page 18
The court of appeals for the fourth circuit held that not allowing a prisoner to wash after being maced and placing him in four point restraints created a fact question requiring a trial to determine if his eighth amendment rights were violated. This case will be useful to anyone litigating …
Filed under:
Injury -- Misc.,
Eighth Amendment,
Excessive Force,
Guard Brutality/Beatings,
Pepper Spray/Tear Gas,
Restraints.
Location:
South Carolina.
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More from this issue:
- The Fundamental Right of Self-Defense in Prison, by Robert F Nelson
- From the Editor, by Paul Wright
- The Pelican Bay Factor, by Abdul Olugbala Shakur
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Prison Tragedy Results in Settlement
- Overview, by National Prison Project
- Filing Fee Requirement Not Retroactive
- Louisiana Prison System Back Under Court Supervision
- PLRA Applied Retroactively to Filing Fees
- 2nd Circuit Applies PLRA to IFP Litigants
- Prior Frivolous Suits Count for PLRA
- PLRA Application to Mandamus Discussed
- PLRA Filing Fees Don't Apply to Habeas Petitions
- Three Strikes Applied
- A Matter of Fact
- Criminal Injustice: Confronting the Prison Crisis, by Daniel Burton-Rose
- State Moves to Lift Federal Court Order at Washington State Penitentiary, by David C Fathi
- Eight Corcoran Guards Fired, Five Reinstated
- Ohio "Eases" Prison Overcrowding
- Prison Labor and Private Profit, by Adrian Lomax
- WSR Smoking Suit Settled
- In Harms' Way: Texas Prisoner Shot
- Texas Taxes Spent on DCJ Luxuries
- Criminal Prosecutors Get Their Day In Court
- Publisher Entitled to Notice of Magazine Censorship
- Gas Chamber Found Unconstitutional
- Disciplinary Records Inadmissible Evidence
- No Right to Unmonitored Prison Calls
- Macing and Restraints State Eighth Amendment Claim
- Satanist Claim Goes to Trial
- Nevada Prisoners Have Liberty Interest in Disciplinary Hearings
- News in Brief
- Guard Caught Holding the Knife
More from these topics:
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- Atlanta Jail Boasts Improvements Since Consent Decree, Reports from Monitor and ACLU Are More Critical, May 1, 2026. Staffing, Sanitation, Guard Brutality/Beatings, Consent Decrees, Bail/Pretrial Release.
- Texas Officials Testify That Cost to Air Condition Prisons Tops $1.5 Billion, May 1, 2026. Eighth Amendment, Exposure to Heat, Administrative Exhaustion (PLRA), Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- Six Maryland Guards Convicted in Prisoner’s Beating, Cover-up; § 1983 Suit Filed, May 1, 2026. Guard Brutality/Beatings, 42 U.S. Code § 1983, civil action for deprivation of rights, Obstruction of Justice, Wrongful Use of Force, Evidence - Destruction/Fabrication/Manipulation of.
- Judge Denies New York Prison Chief’s Motion to be Dismissed from Case Related to Robert Brooks’ Murder, May 1, 2026. Work Strikes, Guard Brutality/Beatings, Failure to Train/Supervise, Police--Excessive Force, Deliberate Indifference.
- $950,000 Settlement Reached for Pennsylvania Jail Detainee Repeatedly Pepper-Sprayed During Mental Health Episodes, April 1, 2026. Clothing, Pepper Spray/Tear Gas, Failure to Treat (Mental Illness), Chemical Spraying of Mentally Ill Inmates, Deliberate Indifference.
- $667,000 Awarded to Muslim Missouri Prisoners Pepper-Sprayed for Praying, April 1, 2026. Religious Discrimination, Pepper Spray/Tear Gas, Religious Practices, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Leaked Video Footage Shows California Prison Guards Engaged in Retaliatory Assault, March 1, 2026. Guard Misconduct, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Prison Rape Elimination Act.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.

