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CASE ENTRY

Brooks v. Johnson

South Carolina prisoner, handcuffed and surrounded by multiple guards, refuses to let them take his picture. After seven-ish minutes, one guard has had enough, and she tases the prisoner three times. (The guards get their picture.) Cruel and unusual punishment? Fourth Circuit: No if the guard was trying to secure compliance in good faith, but yes if she was acting maliciously. And this looks malicious enough to get past summary judgment.


Tags: 2019, Cruel and Unusual Punishment, Eighth Amendment, Fourth Circuit

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