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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
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- Death of Seattle Detainee—Jailed Despite Not Being “Grounded in Reality”—Costs King County $3.5 Million Settlement, Aug. 1, 2026. Restraints, Medical Neglect/Malpractice, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness), Monell Liability.
- Ombudsman Report Finds Use of Force Misapplied in Contraband Search, Aug. 1, 2026. Guard Misconduct, Failure to Treat, Body Cavity Searches, Guard Brutality/Beatings, Pepper Spray/Tear Gas.
- $1.2 Million for Elderly Detainee Shoved Out the Door of Sacramento Jail by Guard, Aug. 1, 2026. Guard Brutality/Beatings, Americans with Disabilities Act, Rehabilitation Act, Failure to Treat (Mental Illness), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Seventh Circuit Upholds Summary Judgment Against Former Illinois Prison Guards Challenging Termination for Violating Use of Force Policy, Aug. 1, 2026. Guard Misconduct, Pepper Spray/Tear Gas, Summary Judgment, Employee Litigation, Vagueness/Overbreadth.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.
- Nevada Prisons Are Facing a Medical Crisis Due to Understaffing, Aug. 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Staffing, Medical Neglect/Malpractice.
- Oregon Reaches $49 Million Settlement with State Prisoners in COVID-19 Class-Action, Aug. 1, 2026. COVID-19, Eighth Amendment, Settlements, Class Certification, Qualified Immunity.
- $6.35 Million Paid for Ohio Jail Detainee’s Spinal Cord Injury Caused by Guard, Aug. 1, 2026. Guard Misconduct, Malpractice, Guard Brutality/Beatings, Settlements, Wrongful Use of Force.
- San Diego Guard Sentenced for Shoving a Shackled Detainee, Aug. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, False Statements/Perjury, Wrongful Use of Force.

