Friday, May 1, 2015

U.S. Supreme Court considers use of Excessive Force against Inmates in Jail awaiting Trial

Amid a growing national debate over police use of force, the Supreme Court struggled Monday with a related question of claims of excessive force against jail officials by people who are accused but not yet convicted of crimes.
The case involves Michael Kingsley, a Wisconsin man who was in jail pending a trial on drug charges. Kingsley claims that two jail officers used excessive force when they transferred him to another cell after he refused to remove a piece of paper covering the light over his bed.
During the incident, Kingsley's leg banged against his bunk, an officer put his knee on Kingsley's back while he was handcuffed and he was shot with a Taser gun. Kingsley also claims an officer slammed his head against the bunk. The officers claim Kingsley was resisting, while he says he complained that his handcuffs were too tight.
Kingsley sued for civil rights violations, but a jury sided with the jail officers. The jury was instructed that for Kingsley to prove his case, he must show that the jail officers recklessly disregarded his safety. A federal appeals court rejected Kingsley's argument that he only needed to show the actions were unreasonable.
At issue is whether people awaiting trial who sue jail guards over claims of mistreatment must show the use of force was intentional — or at least reckless — as opposed to simply unreasonable.
Read the rest of the story HERE.

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