Delay in Use of Force Following an Altercation May Constitute Excessive Force

Quincy Williams, a state prisoner, brought a § 1983 action against defendants, including correctional officers, alleging excessive force in violation of the Eighth Amendment following the use of pepper spray on Williams. Williams v. Rickman, 759 Fed.Appx. 849 (11th Cir. 2019). The district court adopted the report and recommendation of United States Magistrate Judge and granted the defendants' motion for summary judgment. Correctional officers in a prison setting can use pepper spray on an inmate, but there must be a valid penological reason for such a use of force. Captain Chad Harrell testified that he deployed pepper spray against Williams because (1) he was being disruptive (i.e., shou

Stopping an Inmate’s Prescription Medication Prior to Surgery May Constitute Deliberate Indifference

George Hardy, an inmate, had a history of cardiovascular disease and type II diabetes and was prescribed Plavix to prevent the formation of blood clots. Following surgery on his salivary glands, the medical staff discovered blood clots in his right leg and that he had gangrene, which led to a leg amputation. Hardy alleged that stopping his medication prior to the surgery caused the blood clots and he filed a § 1983 claim against the Georgia Department of Corrections (“GDC”), the Board of Regents of the University System of Georgia (“BOR”) and individual medical staff defendants. Hardy v. Georgia Department of Corrections, 2019 WL 4670758 (S.D. Ga. 2019). The court held that Eleventh Amendme

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