Bane v. Virginia Dept. of Corrections.

PositionImmunity - Brief Article

U.S. District Court

SOVEREIGN IMMUNITY

Bane v. Virginia Dept. of Corrections, 267 F.Supp.2d 514 (W.D.Va. 2003). An inmate brought action against a state corrections department and prison officials, stemming from injuries allegedly suffered while being handcuffed. The district court denied motions to dismiss and for summary judgment. The court found that the inmate properly stated a prima facie claim under the Rehabilitation Act by alleging that he suffered from a chronically unstable right shoulder and that he had been issued a "cuff-front" pass by the corrections department medical personnel. The pass required prison personnel to cuff the inmate with his hands in front to accommodate his injury, but prison officers failed to heed the cuff pass and handcuffed the inmate's arms behind his...

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