9.26 Particular Rights-Eighth Amendment-Convicted Prisoner's Claim of Excessive Force

• Category: Federal - Jury Instructions - 9th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-9THCIR-9-26
• Format: Rich Text

Description

Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 9.26 Particular Rights-Eighth Amendment-Convicted Prisoner's Claim of Excessive Force refers to the legal claim that a convicted prisoner has been subjected to excessive physical force by the prison staff or personnel. The Eighth Amendment of the US Constitution protects convicted prisoners from cruel and unusual punishment. Excessive force claims can be made when a prisoner has suffered injury, death, or psychological harm due to the deliberate use of excessive physical force. Types of 9.26 Particular Rights-Eighth Amendment-Convicted Prisoner's Claim of Excessive Force include: • Physical Abuse: This includes any type of physical beating, kicking, or use of restraints that is intended to inflict pain or suffering on the prisoner. • Sexual Abuse: This involves any unwanted or non-consensual sexual contact between a prison staff member and a prisoner. • Verbal Abuse: This includes any type of verbal assault that is intended to humiliate, threaten, or intimidate the prisoner. • Denial of Medical Care: This includes any denial of medical care or treatment to a prisoner that is necessary to maintain their health or prevent serious injury or death.

9.26 Particular Rights-Eighth Amendment-Convicted Prisoner's Claim of Excessive Force refers to the legal claim that a convicted prisoner has been subjected to excessive physical force by the prison staff or personnel. The Eighth Amendment of the US Constitution protects convicted prisoners from cruel and unusual punishment. Excessive force claims can be made when a prisoner has suffered injury, death, or psychological harm due to the deliberate use of excessive physical force. Types of 9.26 Particular Rights-Eighth Amendment-Convicted Prisoner's Claim of Excessive Force include: • Physical Abuse: This includes any type of physical beating, kicking, or use of restraints that is intended to inflict pain or suffering on the prisoner. • Sexual Abuse: This involves any unwanted or non-consensual sexual contact between a prison staff member and a prisoner. • Verbal Abuse: This includes any type of verbal assault that is intended to humiliate, threaten, or intimidate the prisoner. • Denial of Medical Care: This includes any denial of medical care or treatment to a prisoner that is necessary to maintain their health or prevent serious injury or death.