Uncivil Law
@uncivillaw·160K subscribers·3.8K videos
Pepper Sprayed and Beaten - Cruel & Unusual Punishment?
Posted
February 22, 2021
Views
1,532
Likes
178
Comments
27
Engagement
13.38%
February 22, 2021
1,532
178
27
13.38%
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19:11Now PlayingDean v. Jones, No. 18-7227 (4th Cir. Jan. 4, 2021)
This appeal arises from two uses of force against a North Carolina prison inmate, Willie James Dean, Jr., by correctional officers. In the first, according to Dean, after he head-butted an officer escorting him to his cell, the officer retaliated by pepper-spraying his face while he was subdued and lying on his back in handcuffs. And soon afterwards, Dean attests, a second officer responded to a second head-butt by pushing Dean into a closet where multiple officers kicked and punched him while he lay on the ground with his hands cuffed behind him.
Dean sued, alleging excessive force under the Eighth Amendment, and the district court granted summary judgment to the officers. Even if Dean was handcuffed and prone when he was pepper-sprayed or beaten, the court held, a reasonable jury would have to conclude that both uses of force were necessary to protect officer safety and proportionate to the threat posed by Dean. It therefore was beyond dispute, the court reasoned, that the officers had applied force only to ensure safety and maintain order and not for any impermissible purpose.
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