Treats v. Morgan.U.S. Appeals Court PEPPER SPRAY EXCESSIVE FORCE Treats v. Morgan, 308 F.3d 868 (8th Cir. 2002). A state prisoner one in confinement, or under arrest, for a political offense. See also: State sued corrections officials under [section] 1983 alleging his Eighth Amendment rights were violated vi·o·late tr.v. vi·o·lat·ed, vi·o·lat·ing, vi·o·lates 1. To break or disregard (a law or promise, for example). 2. To assault (a person) sexually. 3. when he was sprayed with pepper spray and thrown to the floor. The district court denied the defendants' motion for summary judgment motion for summary judgment n. a written request for a judgment in the moving party's favor before a lawsuit goes to trial and based on recorded (testimony outside court) affidavits (or declarations under penalty of perjury), depositions, admissions of fact, answers and the appeals court affirmed af·firm v. af·firmed, af·firm·ing, af·firms v.tr. 1. To declare positively or firmly; maintain to be true. 2. To support or uphold the validity of; confirm. v.intr. . The appeals court held that summary judgment was precluded by a genuine issue of material fact as to whether it was reasonable for the officer to use of pepper spray and force against the prisoner who failed to obey commands, but who had not jeopardized any person's safety or threatened prison security. The prisoner alleged that he was sprayed in the face without any warning by an officer, and then thrown to the floor and handcuffed by a lieutenant. (North Center Unit, Arkansas Department of Correction) |
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