3/20/2014
Excessive Use of Force
CRJ 711
Issues in Criminal Justice
Use of Force
Professor Jennifer Wynn
USE OF FORCE
When is Use of Force Permissible?
Self-defense
Defense (protection) of others
To prevent a crime
To maintain order
To prevent escape
Use of Force
• Prevent a crime. Ex: CO can physically
apprehend and restrain an inmate caught
stealing food from the kitchen.
“The single most important lesson we have
taken from 20 years of litigation is that the
controlling force in jails and prisons is a
function of correctional leadership. When
supervisory staff make a visible,
demonstrable commitment to curb
misuses of force and hold staff
accountable, inmates will not get
brutalized.” -John Boston, Director, Prisoners Rights’
Project, Legal Aid Society
Use of Force
Self-Defense. If threatened or subjected to
physical attack, CO can use a “reasonable
level” of force to protect himself.
Degree of force must be limited to the amount
necessary to restrain, not retaliate. If CO
inflicts additional punishment, risks having his
actions regarded as “malicious and sadistic”
and can be subject to a sec. 1983 lawsuit.
Use of Force
• Enforce prison rules. If a prisoner
refuses to leave an area, COs can
physically move the inmate by restraining,
cuffing and forcibly moving him.
• Defense of Others. Ex: CO can pepper
spray an inmate who refuses to stop
attacking another inmate
• Prevent escapes. If a CO has reasonable
belief that a fleeing prisoner is armed and
dangerous, can shoot him.
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3/20/2014
USE OF FORCE
What are the Limits to Using Force?
Force cannot be used to punish or hurt.
Degree of force used cannot be “excessive.”
Must be reasonable and necessary given to
protect, apprehend or restrain.
Cannot be “sadistic or malicious”
Hudson v. McMillIan (1992): Injuries do not have to
be severe or excessive for use of force to be
considered excessive, i.e., unconstitutional.
Use of Force: Key Cases
Whitley v. Albers, U.S. Supreme Court
(1986): An innocent prisoner mistakenly
shot in the leg during a disturbance does
not suffer cruel and unusual punishment if
the action of guards was taken in good
faith to maintain discipline and order rather
than for the mere purpose of causing
harm.
Hudson v. McMillan, 503 U.S. 1
(1992)
Injuries do not have to be simply severe or
excessive for use of force to be
considered unconstitutional.
To succeed, the force claims require a
showing that the defendants applied force
“maliciously and sadistically.”
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