Marquez v. Gutierrez.U.S. Appeals Court EXCESSIVE FORCE Marquez v. Gutierrez, 322 F.3d 689 (9th Cir. 2003). A state prison inmate INMATE. One who dwells in a part of another's house, the latter dwelling, at the same time, in the said house. Kitch. 45, b; Com. Dig. Justices of the Peace, B 85; 1 B. & Cr. 578; 8 E. C. L. R. 153; 2 Dowl. & Ry. 743; 8 B. & Cr. 71; 15 E. C. L. R. 154; 2 Man. & Ry. 227; 9 B. & Cr. brought a [section] 1983 action alleging that an officer's act of shooting him during an assault on another inmate constituted use of excessive force in violation of the Eighth Amendment. The district court denied summary judgment for the officer and the officer appealed. The appeals court reversed, finding that the corrections officer 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. was entitled to qualified immunity Qualified immunity is a doctrine in United States law providing immunity from suit to government officials performing discretionary functions when their action did not violate clearly established law. Qualified immunity was created by the U.S. . The court found that a reasonable officer could have believed that shooting one inmate in the leg to stop an assault that could have seriously injured in·jure tr.v. in·jured, in·jur·ing, in·jures 1. To cause physical harm to; hurt. 2. To cause damage to; impair. 3. or killed another inmate was a good faith effort to restore order, and was therefore lawful. (California State Prison--Sacramento) |
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