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Use of Pepper Spray States Eighth Amendment Claim

Loaded on Jan. 15, 2004 published in Prison Legal News January, 2004, page 27
Filed under: Excessive Force, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Appeals, Qualified Immunity. Location: Arkansas.
The U.S. Court of Appeals for the
Eighth Circuit affirmed a district court's denial of summary judgment for prison guards who pepper sprayed a prisoner and threw him to the ground.


In October 1998, prison guards confiscated a radio from the cell of Byron Treats, a prisoner at Arkansas' North ...

 

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  25. Ohio Warrantless Arrestees Must Be Arraigned Within 48 Hours of Arrest
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