4.42 ELEMENTS OF CLAIM: EXCESSIVE USE OF FORCE - CONVICTED PRISONERS - EIGHTH AMENDMENT

• Category: Federal - Jury Instructions - 8th Circuit - Civil - Intentional Torts
• State: Multi-State
• Control #: US-8THCIR-JURY-4-42
• Format: Word

Description

http://www.juryinstructions.ca8.uscourts.gov/8th%20Circuit%20Manual%20of%20Model%20Civil%20Jury%20Instructions.pdf 4.42 ELEMENTS OF CLAIM: EXCESSIVE USE OF FORCE — CONVICTED PRISONERS – EIGHTH AMENDMENT is a legal claim that a convicted prisoner has been subjected to excessive use of force by prison personnel, which violates the prisoner's Eighth Amendment rights. This claim consists of three elements: (1) that the prisoner was subjected to excessive use of force, (2) that the prisoner was a convicted prisoner, and (3) that the use of force violated the Eighth Amendment. The claim of excessive use of force by prison personnel can be divided into two categories: (1) physical force and (2) psychological force. Examples of physical force include physical assault or battery, use of restraints or weapons, or any other form of physical coercion or restraint. Examples of psychological force include verbal abuse, humiliation, threats, or other forms of psychological pressure used to coerce or intimidate the prisoner. The Eighth Amendment prohibits cruel and unusual punishment, including excessive use of force against prisoners. The courts have established a standard of “deliberate indifference” that prison personnel must meet in order to avoid violating the prisoner’s Eighth Amendment rights. In other words, prison personnel cannot be found to have violated the prisoner’s rights if it can be shown that reasonable steps were taken to protect the prisoner from the use of excessive force. If a prisoner has a valid claim of excessive use of force, then the prisoner may be entitled to compensatory or punitive damages. The exact amount of damages awarded will depend on the nature and severity of the force used as well as any physical or emotional harm that was caused to the prisoner.

4.42 ELEMENTS OF CLAIM: EXCESSIVE USE OF FORCE — CONVICTED PRISONERS – EIGHTH AMENDMENT is a legal claim that a convicted prisoner has been subjected to excessive use of force by prison personnel, which violates the prisoner's Eighth Amendment rights. This claim consists of three elements: (1) that the prisoner was subjected to excessive use of force, (2) that the prisoner was a convicted prisoner, and (3) that the use of force violated the Eighth Amendment. The claim of excessive use of force by prison personnel can be divided into two categories: (1) physical force and (2) psychological force. Examples of physical force include physical assault or battery, use of restraints or weapons, or any other form of physical coercion or restraint. Examples of psychological force include verbal abuse, humiliation, threats, or other forms of psychological pressure used to coerce or intimidate the prisoner. The Eighth Amendment prohibits cruel and unusual punishment, including excessive use of force against prisoners. The courts have established a standard of “deliberate indifference” that prison personnel must meet in order to avoid violating the prisoner’s Eighth Amendment rights. In other words, prison personnel cannot be found to have violated the prisoner’s rights if it can be shown that reasonable steps were taken to protect the prisoner from the use of excessive force. If a prisoner has a valid claim of excessive use of force, then the prisoner may be entitled to compensatory or punitive damages. The exact amount of damages awarded will depend on the nature and severity of the force used as well as any physical or emotional harm that was caused to the prisoner.