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Article: U.S. District Court: QUALIFIED IMMUNITY.(prisoners and prisons)(Brief Article)
- Article from:
- Corrections Caselaw Quarterly
- Article date:
- November 1, 2000
CopyrightCOPYRIGHT 2000 CRS, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Fountain v. Talley 104 F.Supp.2d 1345 (M.D.Ala. 2000). A prisoner who had been placed in a horizontal restraint device known as the "hitching post" sued officials claiming violation of his Eighth Amendment rights. The district court held that the prisoner satisfied the objective component of his Eighth Amendment claim by alleging he was placed in the restraint despite a medical condition that precluded its use, for over nine hours on a hot day, without food or water, while being denied the opportunity to go to the bathroom or to clean himself after he defecated in his pants. The court found that deliberate indifference claims were stated by the prisoner against the guard ...