· 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 CourtListenerSourced 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.