Bane v. Virginia Dept. of Corrections.

U.S. District Court

EXCESSIVE FORCE

RESTRAINTS

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 back. The court noted that acceptance of federal funds by the state corrections department was a waiver of its sovereign immunity 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, Virginia)