Civil Litigation
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Total Fha Cases: 1
Summary judgment was improperly affirmed by the appellate court where prisoner was subjected to cruel and unusual punishment. Prisoner had been handcuffed to a hitching post on two difference occasions as punishment for behavior and was not given sufficient water or bathroom breaks. The Supreme Court found that the defense of qualified immunity was not permitted at the summary judgment phase of the trial. The conduct of the guards clearly violated clearly established statutory or constitutional rights of which a reasonable person would have known.
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