PositionDye v. Lomen - Saulsberry v. Arpaio

33. Privacy U.S. Appeals Court Dye v. Lomen, 40 Fed.Appx. 993 (7th Cir. 2002). A state prisoner brought [section] 1983 claims SEARCHES against correctional employees, alleging they used excessive force against him during two entries into his cell, that they refused to provide him with toilet paper for several days, and that they strip-searched him in front of a female employee. The district court granted summary judgment in favor of the correctional employees and the appeals court affirmed. The appeals court held that correctional officials did not use excessive force when they physically and mechanically restrained the prisoner and used a stun gun against him during two cell entries. The appeals court found that the failure to provide the prisoner with toilet paper for several days did not violate the prisoner's rights, absent proof that the officials deprived him of toilet paper to unnecessarily and wantonly inflict pain upon the prisoner. The...

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