U.S. Appeals Court: DISCIPLINE RESTRAINTS.
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Hope v. Pelzer, 240 F.3d 975 (11th Cir. 2001). An inmate sued prison officers alleging violation of his Eighth and Fourteenth Amendment rights. The inmate had been handcuffed to a hitching post on two occasions, one of which lasted for seven hours without regular water or bathroom breaks. The district court granted summary judgment for the officers on the ground of qualified immunity and the appeals court affirmed. The appeals court held that the inmate's Eighth Amendment rights were violated but that the officers were entitled to qualified immunity because there was no clear, bright-line test established at the time of the incident. The court noted that the Department...
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