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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
The U.S. Court of Appeals for the
Filed under:
Excessive Force,
Guard Brutality/Beatings,
Pepper Spray/Tear Gas,
Appeals,
Qualified Immunity.
Location:
Arkansas.
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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- Prison Labor Fuels American War Machine, by Ian Urbina
- Verdict, Damages in Ohio Prisoner Disciplinary Case Reversed on Appeal
- From the Editor, by Paul Wright
- James Quigley November 9, 1950-October 7, 2003, by Paul Wright
- CCA Packs Positions With High-Profile Politicians, by Michael Rigby
- Two of Three Hawaii, Parole Board Members Resign, Shutting Board Down
- Invisible Punishment: The Collateral Consequences of Mass Imprisonment, by Silja JA Talvi
- $250,000 Settlement Paid to Seattle Jail Guard Assaulted by Released Prisoner
- Death at North Carolina Lock Up Spotlights Troubled Jail System, by Michael Rigby
- Santa Fe Guards Rape Prisoners, Neglect Kills Another, by Gary Hunter
- Massachusetts Jail Guards Assault Mentally Disabled Prisoner, by Michael Rigby
- New Iowa Law Creates Sex Offender Residency Zones
- No Presumption of Collateral Consequences from California Disciplinary Proceeding, by John E Dannenberg
- Seventh Circuit Remands § 1983 Medical Negligence Suit to State Court
- Private Transport Company Settles Female Prisoner's Sexual Assault Suit
- Kickbacks Dominate Fresno Jail Contracts, by Gary Hunter
- Frivolous Litigator Must Prepay Appellate Filing Fees
- California Habeas Handbook, 4th Edition, by John E Dannenberg
- $25,000 Awarded to Former New York Prisoner in Medical Malpractice Suit, by Lonnie Burton
- Pool Cue Not a Weapon, Says Second Circuit
- Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim, by John E Dannenberg
- Sentences Upheld for TransCor Driver Who Raped and Terrorized Prisoners
- New Hampshire Prison Commissary Surcharge Ruled an Illegal Tax, by John E Dannenberg
- Maryland Detainee Chained to Pole Awarded Damages, but No Fees
- Ohio Warrantless Arrestees Must Be Arraigned Within 48 Hours of Arrest
- First Circuit Applies Mailbox Rule to § 1983 Complaints
- Massachusetts Constitution Entitles Prisoners to Wear Kufi Caps
- Diet of Raw Cabbage and Food Loaf States Eighth Amendment Claim
- Bond Fees State Eighth Amendment Claim
- Successive Petition Habeas Rule in Parole and Disciplinary Cases
- Use of Pepper Spray States Eighth Amendment Claim
- Oregon Prisoner Stated Negligence Claim Concerning Lost Property
- Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus
- Immunity Granted to Wisconsin Sex Offenders in Treatment
- Alabama Highway Labor Kills Three Prisoners, Three More Injured
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- Supreme Court Upholds Federal Tolling Statute; $80,000 Verdict Reinstated
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- $124,000 Awarded in New York Prison Bus Crash
- U.S. Parole Law Amendment Ruled Ex Post Facto as Applied, by John E Dannenberg
- Qualified Immunity Standards Tightened in Prison Murder Suit, by John E Dannenberg
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More from these topics:
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- Ninth Circuit Reinstates Wheelchair-Bound Washington State Prisoner’s Suit Over Failure to Accommodate Disabilities During Transport, Feb. 1, 2026. Transportation, Excessive Force, Americans with Disabilities Act, Rehabilitation Act, Deliberate Indifference.
- Differing Judicial Outcomes for the New York Guards Who Killed Robert Brooks, Feb. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death), Pending Appeal/Sentencing.
- The New York Prison System’s Culture of Cruelty and Impunity, Feb. 1, 2026. Guard Misconduct, Racial Discrimination, Guard Brutality/Beatings, Restraints, Excessive Force (Wrongful Death).
- $404,000 Verdict for Ohio Prisoner Brutalized by Trio of Guards, Kept in Solitary for Two Years, Jan. 1, 2026. Retaliation for Filing Grievances, Retaliatory Segregation, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Control Units/SHU/Solitary Confinement.
- Sixth Circuit Affirms Denial of Qualified Immunity for Michigan Jailer Accused of Retaliatory Assault, Jan. 1, 2026. Retaliation, Guard Brutality/Beatings, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- $600,000 Awarded So Far in Disgraced Georgia Sheriff’s Trial for Abusing Detainee in Restraint Chair, Jan. 1, 2026. Exposure to Cold, Restraints, Qualified Immunity, Damages - Compensatory, Wrongful Use of Force.
- Fifth Circuit Rules Against Louisiana Prisoner Seeking to Recoup Money Made at Angola Prison Rodeo, Jan. 1, 2026. Seizure of Prisoner Funds, Trust Accounts, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.
- For Delay in Summoning Medical Care for Detainees, Alabama Jailers Granted Immunity But California Trooper Headed to Trial, Nov. 1, 2025. Failure to Treat, Qualified Immunity, Medical Neglect/Malpractice, Fourth Amendment, rights, Deliberate Indifference.

