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11th Circuit Declares Use of Pepper Spray on Mentally Ill Prisoners Unconstitutional

By Steve Hall

The ruling in Jeremiah Thomas and Michael McKinney v. Bryant & McNeil is in Adobe .pdf format."11th Circuit: Chemical Agents May Not Be Used to Subdue Prisoners," is the title of the Law.com/Daily Business Review report.  It's written by John Pacenti.  Here's an extended excerpt:The inmates were derided as "frequent fliers" by the guards at Florida State Prison, a caustic reference to mentally ill inmates who were gassed for their disruptive behavior, only to be shipped for treatment to a nearby prison. These prisoners would return after they were stabilized, only to have the cycle repeat itself. The cycle may be over after the 11th U.S. Circuit Court of Appeals upheld a Jacksonville, Fla., judge's ruling that the use of pepper spray and other chemical agents by guards against mentally ill inmates is unconstitutional...continue to full post

Full post as published by StandDown Texas Project on August 31, 2010 (boomark / email).