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· 2/2/1982

Franks v. Kroger Co.

Citations

  • 670 F.2d 71
  • 27 Fair Empl. Prac. Cas. (BNA) 1433
  • 33 Fed. R. Serv. 2d 440
  • 1982 U.S. App. LEXIS 22152
  • 28 Empl. Prac. Dec. (CCH) 32,410

How courts have described this case

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

  • holding that Constitution did not prohibit use of chemical agent for prisoner’s failure to obey “proper” order
  • holding that the Eighth Amendment prohibits the use of mace for the sole purpose of punishing or inflicting pain on a prisoner
  • holding that without such evidence an inmate cannot bring a successful Eighth Amendment claim
  • holding that the use of mace, tear gas, or other similar chemical agents does not constitute cruel and unusual punishment when reasonably necessary to subdue a recalcitrant prisoner, even where the prisoner is locked in his cell or in handcuffs
  • holding that the use of mace, tear gas, or other similar chemical agents does not constitute cruel and unusual punishment when reasonably necessary to subdue a recalcitrant prisoner, even where the prisoner is locked in his cell or in handcuffs
  • according prison officials wide-ranging deference to adopt and execute policies “needed to preserve internal order and discipline”

Source: CourtListener parenthetical corpus (CC0).

Judges: Merritt

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.