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


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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).

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