· 9/17/2002
Treats v. Morgan
Citations
- 308 F.3d 868
- 2002 U.S. App. LEXIS 19103
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that “the evidence does not show an objective need for the force which was used because Treats had not jeopardized any person’s safety or threatened prison security.”
- explaining that officers may use force reasonably in good-faith effort to maintain or restore discipline, but not maliciously and sadistically to cause harm, and discussing relevant factors
- acknowledging the need for discipline and obedience in prison context but rejecting arbitrary force and the “punitive use of force on difficult inmates not posing a real threat to other persons or raising security concerns”
- “Not every instance of inmate resistance justifies the use of force, and use of pepper spray will not be justified every time an inmate questions orders or seeks redress for an officer's actions.”
Source: CourtListener parenthetical corpus (CC0).
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.