Guerra v. Drake.

• Position: PRETRIAL DETENTION - Pretrial detainee alleges correctional officers of using excessive force and restraining - Brief Article

U.S. Appeals Court

USE OF FORCE

RESTRAINTS

Guerra v. Drake, 371 F.3d 404 (8th Cir. 2004). A pretrial detainee brought civil rights claims seeking damages from correctional officers, alleging they used excessive force and left him in a "restraint" chair for prolonged periods. The district court entered judgment against a Captain for $1,500 on the restraint chair claim and against another officer for $500 on the excessive force claim. The district court refused to award punitive damages and the detainee appealed. The appeals court affirmed, finding that the...