AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law
for Jails, Prisons and Detention Facilities


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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).

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