AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and
Detention Facilities
Prisoner Assault: By Employee
Monthly
Law Journal Article: Staff
Use of Force Against Prisoners--Part I: Legal Standard and Individual Liability,
2008 (9) AELE Mo. L.J. 301
Monthly
Law Journal Article: Staff
Use of Force Against Prisoners--Part II: Governmental and Supervisory Liability,
2008 (10) AELE Mo. L.J. 301.
Monthly Law Journal Article: Staff
Use of Force Against Prisoners--Part III: Use of Chemical Weapons,
2008 (11) AELE Mo. L.J. 301.
Monthly
Law Journal Article: Staff
Use of Force Against Prisoners --Part IV: Firearms, 2009 (1) AELE Mo.
L. J. 301.
Monthly
Law Journal Article: Staff
Use of Force, Part V: Cell Extraction, 2009 (4) AELE Mo. L. J.
301.
Monthly Law Journal Article: Use
of Force Against Immigration Detainees,
2011 (1) AELE Mo. L. J. 301.
A
pre-trial detainee failed to show that a prison doctor acted with deliberate
indifference to a surgical thread that was protruding from a wound on his
abdomen from bowel obstruction surgery he had almost a year before, prior
to his incarceration. The appeals court also upheld a ruling that a prison
nurse's alleged act of hitting the plaintiff's nose was a de minimus (minimal)
use of force that was not a violation of his due process rights. Jackson
v. Buckman, #13-1165, 2014 U.S. App. Lexis 12127 (8th Cir.).
Nurse and officer did not use excessive force
in restraining prisoner at nursing station after he became "upset
and agitated" when nurse took, and indicated that she would not return,
his non-prescription and non-authorized glasses. The nurse and officer
acted for the purposes of maintaining order and any resulting bruising
and swelling was not serious enough to require medical attention. Mason
v. Peters, No. 01-CV-62481, 346 F. Supp. 2d 396 (W.D.N.Y. 2004). [N/R]
Medical personnel did not use excessive force
in taking blood and urine samples from a pretrial detainee for the purpose
of evaluating his competency to stand trial. Personnel merely insisted
that he cooperate. Lawsuit challenging actions was dismissed for failure
to exhaust available administrative remedies, but prisoner's appeal focused
on the merits of his claims rather than on this issue. Cuesta v. Wates,
#01-2452, 39 Fed. Appx. 358 (7th Cir. 2002). [2002 JB Nov]
245:74 Jail
maintenance worker did not act "under color of state law" when
allegedly punching prisoner in the nose following personal dispute; alleged
incident could not be the basis of a federal civil rights lawsuit. Harris
v. Rhodes, 94 F.3d 196 (5th Cir. 1996).