AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and
Detention Facilities
Counterclaims
A DUI arrestee was transported
to a crowded jail where he refused to enter a cell. An altercation ensued
between him and a number of officers. The trial court erroneously rejected
a federal civil rights lawsuit for excessive force on the basis that his
resulting injuries were "de minimis," as they included a concussion,
scalp laceration, and bruising. No prior case law found such injuries to
be de minimis, and there was testimony that three officers each beat or
kicked him after he was handcuffed and subdued on the cell floor. The appeals
court also vacated the dismissal of one officer's assault and battery counterclaim.
Davis v. White, #14-1722, 2015 U.S. App. Lexis 13045 (8th Cir.).
Correctional officer
was properly awarded $250,000 on his counterclaim against prisoner even
though this exceeded the damages requested, in light of the unprovoked
nature of the prisoner's attack and the seriousness of the "life-threatening"
injuries suffered by the officer. Douglas v. McCarty, #03-6776, 87 Fed.
Appx. 299 (4th Cir. 2003). [N/R]
Eight prison officials awarded damages
for emotional distress caused by inmate's suit filed in order to supply
him with an opportunity to escape while being transported to a court appearance.
Nitcher v. Does, 956 F.2d 796 (8th Cir. 1992).