Harper v. Albert.U.S. Appeals Court EXCESSIVE FORCE Harper v. Albert, 400 F.3d 1052 (7th Cir. 2005). State prisoners one in confinement, or under arrest, for a political offense. See also: State brought a [section] 1983 action against prison guards alleging excessive force in violation of the Eighth Amendment. Following a jury trial the district court granted judgment as a matter of law Judgment as a matter of law (JMOL) is a motion made by a party, during trial, claiming the opposing party has insufficient evidence to reasonably support its case. JMOL is similar to summary judgment, which is a motion made before trial. for some of the guards, and the jury subsequently found in favor of the remaining guards. The prisoners appealed. The appeals court affirmed. The court held that the guards were not jointly and severally Jointly and Severally 1. A legal term describing a partnership in which individual decisions are bound to all parties involved and thus undivided. 2. A term used in underwriting syndicates to refer to the distinct responsibility of individual companies to sell a certain liable for their failure to intervene in other guards' alleged use of excessive force during a cell transfer and transport procedure. The court noted that the prisoners failed to establish that each and every guard touched them, much less that any of them used excessive force. The incident happened after a prison cellhouse erupted into violence, with inmates throwing cans, burning rags, light bulbs, bodily fluids Noun 1. bodily fluid - the liquid parts of the body body fluid, liquid body substance, humour, humor body substance - the substance of the body aqueous humor, aqueous humour - the limpid fluid within the eyeball between the cornea and the lens and other liquids at the officers. The outburst was apparently in retaliation RETALIATION. The act by which a nation or individual treats another in the same manner that the latter has treated them. For example, if a nation should lay a very heavy tariff on American goods, the United States would be justified in return in laying heavy duties on the manufactures and for a "strip out" or complete search of a cell on the block, and continued to grow more serious during the day. (Menard Correctional Facility, Illinois) |
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