Bane v. Virginia Dept. of Corrections.U.S. District Court EXCESSIVE FORCE RESTRAINTS Bane BANE. This word was formerly used to signify a malefactor. Bract. 1. 2, t. 8, c. 1. 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 [Latin, On the first appearance.] A fact presumed to be true unless it is disproved. In common parlance the term prima facie is used to describe the apparent nature of something upon initial observation. 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 back. The court noted that acceptance of federal funds Federal Funds Funds deposited to regional Federal Reserve Banks by commercial banks, including funds in excess of reserve requirements. Notes: These non-interest bearing deposits are lent out at the Fed funds rate to other banks unable to meet overnight reserve by the state corrections department was a waiver of its sovereign immunity The legal protection that prevents a sovereign state or person from being sued without consent. Sovereign immunity is a judicial doctrine that prevents the government or its political subdivisions, departments, and agencies from being sued without its consent. from liability under the federal Rehabilitation Act. The court ordered further proceedings to determine if officers destroyed a posted medical order pertaining to the inmate, whether another officer stood by as an officer handcuffed the inmate in a manner contrary to the posted medical order, and whether the officers maliciously intended to cause harm to the inmate. (Wallens Ridge State Prison Wallens Ridge State Prison is a state prison located in Big Stone Gap, Virginia. Since opening in 1999, it has been a part of the Commonwealth of Virginia Department of Corrections. The current warden of the facility is Bryan Watson. , Virginia) |
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