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Notable Eleventh Circuit ruling on use of force on mentally ill prisoners

By Douglas A. Berman

The Eleventh Circuit has a long discussion of the use of force against prisoners in Florida in its ruling today in Thomas v. Bryant, No. 09-11658 (11th Cir. Aug. 20, 2010) (available here). Here is how the legthy opinion gets started: This appeal presents important questions concerning the intersection of the Eighth Amendment and the incarceration of inmates with serious mental illness.  Ten inmates incarcerated at Florida State Prison (?FSP?) brought this § 1983 action against various officers and employees of the Florida Department of Corrections (?DOC?), alleging that the use of chemical agents on inmates with mental illness and other vulnerabilities violates the Eighth Amendment?s prohibition on cruel and unusual punishment.  After the plaintiffs settled their damages claims against the individual correctional officers responsible for administering the chemical agents, the district court held a five-day bench trial on their remaining claims for declaratory judgment and injunctive relief against the two defendants allegedly responsible for the policy which authorized the use of chemical agents on inmates at FSP: Walter McNeil, Secretary of the DOC, and Randall Bryant, Warden of FSP...continue to full post

Full post as published by Sentencing Law and Policy on August 20, 2010 (boomark / email).