Estate of Davis Ex Rel. Ostenfeld v. Delo

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• denying qualified immunity when the officer “struck [the inmate] in the head and face 20 to 25 times”
• upholding a finding that a prison superintendent was deliberately indifferent to a substantial risk of serious harm when he had notice of an officer’s prior excessive force and failed to take appropriate action
• law was well-established that striking inmate 20-25 times in head while other officers restrained his limbs or stood by to assist was Eighth Amendment violation
• a guard who punched an inmate multiple times while other guards held the inmates limbs even though the inmate had stopped resisting orders was denied qualified immunity
• “We agree that the law was well established that striking an unresisting inmate . . . in the head while four other officers were restraining his limbs . . . is a violation of the Eighth Amendment.”
• prison officials may be liable for failure to protect inmate from use of excessive force if they are deliberately indifferent to substantial risk of serious harm to inmate

Source: CourtListener parenthetical corpus (CC0).