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Sixth Circuit· 10/21/2014

Nicholas Roberson v. James Torres

Citations

  • 770 F.3d 398
  • 2014 FED App. 0260P
  • 2014 U.S. App. LEXIS 20086
  • 2014 WL 5334198

How courts have described this case

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

  • holding that “using a chemical agent in an initial attempt to wake a sleeping prisoner, without apparent necessity and in the absence of mitigating circumstances, violates clearly established law” under the Eighth Amendment
  • holding that sergeant’s use of a chemical agent on sleeping prisoner was excessive because “it was not necessary in order to restore order and since ‘less intrusive means’ could have been used” to wake prisoner
  • holding that sergeant’s use of a chemical agent on sleeping prisoner was excessive because “it was not necessary in order to restore order and since ‘less intrusive means’ could have been used” to wake prisoner
  • holding that sergeant’s use of a chemical agent on sleeping prisoner was excessive because “it was not necessary in order to restore order and since ‘less intrusive means’ could have been used” to wake prisoner
  • noting that the Sixth Circuit has concluded in numerous cases that “the use of . . . chemical agents against recalcitrant prisoners” did not violate the Eighth Amendment (citing Caldwell v. Moore, 968 F.2d 595, 600 (6th Cir. 1992) (collecting cases)
  • noting the Sixth Circuit has concluded “in numerous cases” that “the use of chemical agents against recalcitrant prisoners did not violate the Eighth Amendment”

Source: CourtListener parenthetical corpus (CC0).

Judges: Boggs, Gibbons, Siler

Read full opinion on CourtListener

Cited by

21 cases in this archive cite this case; the 20 most cited are listed.

Cites

14 cases in this archive are cited by this case.

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.