×
You have 2 more free articles available this month. Subscribe today.
Slapping Prisoner on Face Okay
The plaintiff was being transferred and shouted obscenities and refused to put out her cigarette. The Sheriff says he tried to take the cigarette out of her mouth and she tried to bite him, and his hand "made contact" with her face. The plaintiff says she slapped him three times.
At 745: "As a pretrial detainee, plaintiff's excessive force claim is properly analyzed under the Due Process Clause of the Fourteenth Amendment." De minimis impositions do not deny due process. Absent a claim of injury, the slaps were de minimis. There are several citations to slap jurisprudence. See: McClanahan v. City of Moberly, 35 F.Supp.2d 744 (E.D.Mo. 1998).
At 745: "As a pretrial detainee, plaintiff's excessive force claim is properly analyzed under the Due Process Clause of the Fourteenth Amendment." De minimis impositions do not deny due process. Absent a claim of injury, the slaps were de minimis. There are several citations to slap jurisprudence. See: McClanahan v. City of Moberly, 35 F.Supp.2d 744 (E.D.Mo. 1998).
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
McClanahan v. City of Moberly
| Year | 1998 |
|---|---|
| Cite | 35 F.Supp.2d 744 (E.D.Mo. 1998) |
| Level | District Court |
| Injunction Status | N/A |