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...