48. Use of force.

U.S. District Court EXCESSIVE FORCE

Gallardo v.Dicarlo, 203 F.Supp.2d 1160 (C.D.Cal. 2002). A state prisoner brought a [section] 1983 action against a prison warden alleging Fifth Amendment and state law claims. The district court found that the prisoner stated an Eighth Amendment excessive force claim against the warden and that the warden was not entitled to qualified immunity. The prisoner alleged that the warden encouraged the use of excessive force, and that he sustained physical injuries from officers' use of force on him that required a 31-day hospitalization and resulted in permanent physical injuries. (California State Prison, Chino)

U.S. Appeals Court STUN BELT

U.S.v. Durham, 287 F.3d 1297 (11th Cir. 2002). A defendant challenged the use of an electric "stun belt" on him during his trial; his motion was denied by the district court. The defendant was subsequently...