48. Use of force.

U.S. District Court

EXCESSIVE FORCE

Jeanty v. County of Orange, 379 F.Supp.2d 533 (S.D.N.Y. 2005). A county jail inmate whose arm was broken in an altercation with corrections officers sued the officers and the county, alleging excessive use of force. The district court granted summary judgment in favor of the defendants in part, and denied it in part. The court held that summary judgment was precluded by fact issues as to whether excessive force was applied when the officers allegedly beat the prisoner in his cell to the point of breaking his arm, and wantonly ignored his cries of pain and pleas that they desist. The court also found that summary judgment was precluded by issues of fact as to whether the officers were entitled to qualified immunity. According to the court, the conviction of the inmate for assaulting an officer, arising out of the same incident, did not preclude the inmate's claim. The court held that the Eighth Amendment, not the Fourteenth Amendment, applied to this action because the inmate had been convicted of arson and was awaiting sentencing. (Orange County Jail, New York)

U.S. District Court

EXCESSIVE FORCE

Lopez v. Smiley, 375 F.Supp.2d 19 (D.Conn. 2005). A state inmate filed a [section] 1983 action alleging that one corrections officer assaulted him and that other officers failed to intervene. The district court denied the inmate's motion to modify his amended complaint, in part, and the inmate moved for reconsideration. The district court granted the motion. The court held that fact issues remained as to whether officials suppressed the inmate's grievance, and whether an officer had legal justification to hit the inmate. The court noted that deliberate obstruction of access to a prison grievance system, if proven, can be grounds to bar the enforcement of the exhaustion requirements of the Prison Litigation Reform Act (PLRA). (Northern Correctional Institution, Connecticut)

U.S. District Court

EXCESSIVE FORCE

Niemyjski v. City of Albuquerque, 379 F.Supp.2d 1221 (D.N.M. 2005). An arrestee brought a state court action against a city, alleging that police officers committed a civil rights violation in connection with his arrest and detention. The action was removed to federal court, where the district court granted summary judgment for the city and remanded state law claims. The court held that the arrestee failed to show that a municipal custom or policy contributed to the alleged violations. The court noted that...