On October 7, 1996, Merced was hogtied in this manner for four hours. On October 9, 1996, she was hogtied for 91/2 hours, this time while she was naked. She was also denied food during this period. A community investigation was conducted of the incidents and eventually one of the guards involved in the incidents was fired and several others were suspended. Merced suffered lower back and neck strain, contusions on her thighs and lacerations and swelling on her wrists as a result of the hogtyings.
Merced filed suit claiming the hogtyings violated her Eighth amendment rights against cruel and unusual punishment. The Northampton County Prison settled the lawsuit by paying Merced $47,500 in damages and changing its policies to ensure restraints are used only for medical and mental health purposes and not for disciplinary reasons. Merced was represented by the Pennsylvania Institutional Law Project. See: Merced v. Northampton County Correctional Facility, USDC ED PA, Case No. 98-4215.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Merced v. Northampton County Corr. Facility
|USDC ED PA, Case No. 98-4215