Use of force.

48. Use of Force U.S. District Court Bozeman v. Orum, 199 F.Supp.2d 1216 (M.D.Ala. 2002). The representative of the estate of a EXCESSIVE FORCE pretrial detainee brought a [section] 1983 action against a sheriff and officials at a county detention facility, alleging that the detainee's death was the result constitutional violations. The district court held that detention officers' use of force to restrain the detainee did not violate his Fourteenth Amendment right against the use of excessive force, even though the officers threatened to "kick" the detainee's "ass." The officers apparently punched or slapped the detainee, and the detainee died as the result of the officers' actions, but the court found that some level of force was necessary to restore order where the detainee was apparently undergoing a mental breakdown in his cell. According to the court, the facility provided adequate training in the proper use of deadly force, including warnings on the dangers of positional asphyxia, and was therefore not liable under [section] 1983 for failing to supervise staff. (Montgomery County Detention Facility, Alabama) U.S. Appeals Court Clement v. Gomez, 298 F.3d 898 (9th Cir. 2002). Inmates sued prison officials under [section] PEPPER SPRAY 1983 alleging violation of their Eighth Amendment rights. The district court denied summary EXCESSIVE FORCE judgment in favor of the defendants and the defendants appealed. The appeals court affirmed DISTURBANCE in part and reversed in part. The appeals court held that correctional officers did not use excessive force when they used two bursts of pepper spray to quell fighting in a cell. But the appeals court found that summary judgment was precluded by fact questions on the issue of officials' potential deliberate indifference to the serious medical needs of inmates in nearby cells who were affected by pepper spray that drifted into their cells. The court noted that excessive force directed at one prisoner can also establish a cause of action for harm that befalls other prisoners. (Pelican Bay State Prison, California) U.S. Appeals Court Dye v. Lomen, 40 Fed.Appx. 993 (7th Cir. 2002). A state prisoner brought [section] 1983 claims STUN GUNS against correctional employees, alleging they used excessive force against him during two RESTRAINTS 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...