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Pepper-spraying Sleeping Prisoner Unconstitutional, but Case Loses at Trial
Loaded on April 1, 2016
by David Reutter
published in Prison Legal News
April, 2016, page 53
Filed under:
Guard Misconduct,
Eighth Amendment,
Pepper Spray/Tear Gas,
Qualified Immunity.
Location:
Michigan.
The Sixth Circuit Court of Appeals held that “using a chemical agent in an attempt to wake a sleeping prisoner, without apparent necessity and in the absence of mitigating circumstances, violates clearly established law.” The ruling came in an interlocutory appeal filed by a Michigan prison guard.
Prisoner Nicholas Roberson ...
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More from this issue:
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- Massachusetts: Lawsuit Filed to Stop Dog Searches of Prison Visitors, by Joe Watson
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- New Mexico: Sharon Jones’s Strep Death Among Shocking Prison Tragedies in Lawsuits
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- Court’s Gag Order in Michigan Jail Corruption Case Reversed
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- Report Finds Shortcomings at Santa Clara County, California Jail, by Derek Gilna
- Tennessee Prisoner Awarded $60,000 for Guards’ Use of Excessive Force
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- Architects’ Ethics Panel to Consider Boycott of Execution Chambers and Prison Design, by David Reutter
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