Case details
Officer: Force used only to break free from inmate’s grip
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
wrist
FACTS
On March 21, 2010, plaintiff Lamont Shepard, 40, an inmate in the Security Housing Unit of the state prison in Corcoran, claimed that after being escorted to his cell following a disciplinary hearing, but before his restraints were removed, Correctional Officer Bass slammed down on his wrist. Shepard also claimed that Correctional Officer G. Miranda then used pepper spray on him. Shepard sued Bass and Miranda, alleging that the correctional officers’ actions constituted excessive force in violation of his Eighth Amendment rights. Miranda was let out on summary judgment prior to trial. Thus, the matter proceeded against Bass only. Shepard claimed that Bass violated his constitutional rights by calling him the “n word” and slamming down on his handcuffs. Thus, he alleged that his right wrist was injured as a result of Bass’ actions. Defense counsel contended that Shepard improperly grabbed Bass’ arm as he was removing Shepard’s handcuff, and that Shepard attempted to pull Bass into his cell. Thus, counsel contended that Bass did not use any force against Shepard, but only attempted to break free from Shepard’s grip by pushing off of the cell door. Defense counsel further contended that Shepard ultimately released his grip on Bass when Miranda sprayed Shepard with pepper spray., Shepard claimed that he suffered an unspecified injury to his right wrist. Thus, in his compliant, Shepard requested $105,000 in damages. Defense counsel contended that there was no objective medical evidence or testimony supporting Shepard’s claims.
COURT
United States District Court, Eastern District, Fresno, CA
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