Combs v. Wilkinson.U.S. Appeals Court DISTURBANCE USE OF FORCE Combs v. Wilkinson, 315 F.3d 548 (6th Cir. 2002). Death row inmates sued several state corrections supervisors and officers under [section] 1983, alleging that they used excessive force in quelling a disturbance in violation of the Eighth Amendment. The district court granted the defendants' motions for summary judgment and dismissal, and the inmates appealed. The appeals court affirmed in part, and reversed and remanded in part. The appeals court held that an individual officer's use of mace Mace, chemical spray Mace, chemical spray device used by police in riot control. Mace is ordinary tear gas (chloroacetophenone, or CN) in a volatile solvent contained in a spray can. It causes severe lacrimation and temporary blindness. was not malicious or sadistic sa·dism n. 1. The deriving of sexual gratification or the tendency to derive sexual gratification from inflicting pain or emotional abuse on others. 2. The deriving of pleasure, or the tendency to derive pleasure, from cruelty. . The court found that summary judgment was precluded by fact questions as to whether the commander of a special response team adequately briefed the team members, and failed to control the use of chemical agents in the extraction of inmates. The court held that the commander was not liable under [section] 1983 for failing to admonish team members when he overheard them discussing particular inmates that they wanted to "beat," absent any showing that the commander encouraged or directly participated in the use of excessive force. The court found that the inmates were not entitled en·ti·tle tr.v. en·ti·tled, en·ti·tling, en·ti·tles 1. To give a name or title to. 2. To furnish with a right or claim to something: to an injunction requiring corrections officers The examples and perspective in this article or section may not represent a worldwide view of the subject. Please [ improve this article] or discuss the issue on the talk page. to wear name tags or other identification and to videotape videotape Magnetic tape used to record visual images and sound, or the recording itself. There are two types of videotape recorders, the transverse (or quad) and the helical. cell extractions, even though their failure to do so was a violation of state corrections policies and regulations. (Mansfield Corr'l Institution, Ohio) |
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