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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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More from this issue:
- 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
- County Liable for Sheriff's Failure to Remove Invalid Warrant From Computer
- Supreme Court Upholds Federal Tolling Statute; $80,000 Verdict Reinstated
- Wisconsin Prisoners' Riot Charges Expunged From Records
- $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
- No Constitutional Right to Privacy for Naked Woman Arrestee
- Administrative Exhaustion Required in Pre-PLRA BOP Phone Suit
- News in Brief
- Evidentiary Hearing Required to Determine Communion Service Frequency
More from these topics:
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026. Failure to Treat, Infections, Qualified Immunity, Fourteenth Amendment, rights, Deliberate Indifference.
- Sixth Circuit: Qualified Immunity Granted to Guard in Delayed Treatment for Prisoner who Suffered Heart Attack, Oct. 1, 2026. Pain, Cardiovascular, Failure to Treat, Qualified Immunity, Deliberate Indifference.
- Ninth Circuit Rules Favorably for Washington Prisoner Whose Writing Submission Was Censored, Oct. 1, 2026. Retaliation, Qualified Immunity, Mail Regulations, Censorship, First Amendment, rights.
- San Francisco Jail Survey Exposes Abuse, Malnutrition and Constitutional Violations, Oct. 1, 2026. Failure to Protect (General), Food, Guard Brutality/Beatings, Attorney Visits, Pretrial Detention and Detainees.
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026. Qualified Immunity, Sovereign Immunity, Failure to Protect (Wrongful Death), Suicides, Deliberate Indifference.
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026. Staff-Prisoner Assault, Qualified Immunity, Fourteenth Amendment, rights, Pretrial Detention and Detainees, Wrongful Use of Force.
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Failure to Train/Supervise, Monell Liability.
- Second Circuit Rules Eighth Amendment Governs Claims of Excessive Force Brought by Parole Violator, Oct. 1, 2026. Eighth Amendment, Excessive Force, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Probation, Parole & Supervised Release.
- Wave of Staff Arrests Exposes Persistent Misconduct at South Carolina Jail, Sept. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Guard Brutality/Beatings, Obstruction of Justice.
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.

