Harper v. Albert.

• Position: USE OF FORCE - Brief Article

U.S. Appeals Court

EXCESSIVE FORCE

Harper v. Albert, 400 F.3d 1052 (7th Cir. 2005). State prisoners brought a [section] 1983 action against prison guards alleging excessive force in violation of the Eighth Amendment. Following a jury trial the district court granted judgment as a matter of law for some of the guards, and the jury subsequently found in favor of the remaining guards. The prisoners appealed. The appeals court affirmed. The court held that the guards were not jointly and severally liable for their failure to intervene in other guards' alleged use of excessive force during a cell transfer and transport procedure. The court noted that the prisoners failed to establish that each and...