24-b-4 Force Used to Carry Out an Illegal Order
| Library | A Jailhouse Lawyer's Manual (2020 Edition) |
24-B-4. Force Used to Carry Out an Illegal Order
If you refuse to follow an order from a prison official, even if that order is illegal, prison officials can use force to make you obey. Courts have held that prisoners must follow orders so that prisons can be run in a safe and orderly way.163 Even if you believe an order violates your constitutional rights, courts say you do not have the right to resist the order.164
In Jackson v. Allen, a prisoner resisted prison guards because he thought they were going to use cruel and unusual punishment against him in violation of the Eighth Amendment.165 The guards used force on him to...
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