Skrtich v. Thornton.

• Position: FAILURE TO PROTECT - Case regarding assault by correctional officers - Brief Article

U.S. Appeals Court

OFFICER ON PRISONER ASSAULT

Skrtich v. Thornton, 280 F.3d 1295 (11th Cir. 2002). A prison inmate brought a [section] 1983 action against corrections officers alleging Eighth Amendment violations resulting from an alleged excessive use of force against him. The district court denied the defendants' motions for summary judgment and dismissal and the officers appealed. The appeals court affirmed, finding that the defense of qualified immunity was not available to the officers. According to the court, the inmate's allegations that the officers used excessive force when they went to his cell to extract him when he refused to voluntarily leave to permit a search to be conducted, were sufficient to state a [section] 1983 claim for violation of his Eighth Amendment rights. The officers used an electronic shield to shock and incapacitate the inmate, and allegedly...