A pregnant prisoner brought to a hospital for labor, was kept shackled to the bed at all times, except when medical personnel requested that the shackles be removed. A federal appeals court ruled that the policy of shackling inmates while they received medical treatment did not constitute deliberate indifference to their medical needs, and the shackling policy was reasonably related to legitimate penological interests. Nelson v. Correctional Medical Services, No. 07-2481, 2008 U.S. App. Lexis 15270 (8th Cir.).
     Placing a prisoner in a four-point restraint and keeping him shackled to his bed in this manner for four hours did not violate his substantive due process rights, and doing this, as well as fastening the restraints without the presence of the nurse were not an "atypical and significant hardship," but an expected "adverse consequence" of his confinement when the prisoner was accused of biting the prison guard at the time the restraints were applied. Grinter v. Knight, No. 05-6755, 2008 U.S. App. Lexis 12919 (6th Cir.).
     Summary judgment should not have been entered against a prisoner on his excessive force claims since there were genuine factual disputes as to whether officers used force against him, including pepper spray, after he had begun to comply with their orders to him. Additionally, he allegedly was not warned before the use of the pepper spray, was not permitted to clean up after its use, and was then handcuffed to a bench and denied bathroom breaks, food, and water during that restraint. Walker v. Bowersox, No. 06-3118, 2008 U.S. App. Lexis 11507 (8th Cir.).
     Prior to trying to get a court-ordered blood sample from a detainee at a county jail, employees there placed him in a three-point restraint, and a blanket was allegedly placed against his head. The prisoner then allegedly stopped breathing and, while CPR was attempted, he was subsequently pronounced dead at a hospital. Upholding summary judgment for defendant correctional officers and county, as well as the county sheriff, a federal appeals court noted that the detainee had resisted arrest, was "aggressive" at the time of the incident, and that it took several officers to restrain him. The officers were then faced with the need to make a quick decision about how to control him, and the court found that they did not apply excessive force in doing so. Burkett v. Alachua County, No. 06-14777, 2007 U.S. App. Lexis 24172 (11th Cir.).
     Use of restraints on prisoner at county jail after she stated that she was having suicidal thoughts and wanted to try to make herself bleed to death did not shock the conscience or violate her due process rights. Norris v. Engles, No. 06-3394, 2007 U.S. App. Lexis 18838 (8th Cir.).
     California intermediate court issues order setting aside juvenile court policy of having sheriff's department shackle all minors during court prisoners without a case-by-case determination of the need for such restraints. In making such a determination, factors to be considered included the type of proceeding, courtroom or security considerations, and the behavior and conduct of the juvenile. Tiffany A. v. The Superior Court of Los Angeles County, No. B193134, 2007 Cal. App. Lexis 783 (Cal. App. 2nd Dist.).
     Prisoner stated viable claim for excessive use of force by alleging that he was placed in hand restraints, and taken to a holding cell after his attempt to enter the prison library caused a metal detector to sound, and then that a guard repeatedly tightened the restraints on his hands for approximately 20 minutes, followed by kicking him to the ground. Viable claims were also asserted against other defendants who allegedly either threatened the prisoner for his prior involvement in litigation or else "stood by and watched" while other persons threatened or assaulted him. Clark v. Argutto, No. 06-12350, 2007 U.S. App. Lexis 6445 (11th Cir.).
     Officers who placed prisoner in restraints during suicide watch did not use excessive force or place him there with the intent of harming him. Additionally, verbal insults by two officers after his suicide attempt did not amount to cruel and unusual punishment. Martinez v. Zadroga, No. 06-1410, 2007 U.S. App. Lexis 1769 (10th Cir.). [N/R]
     Prisoner's rights were not violated by placing him in shackles and handcuffs while obtaining dental treatment when the prison's routine security measures provided that prisoners were subject to such restrains whenever they left their assigned areas. Samuel v. First Correctional Medical, No. 05-037, 2006 U.S. Dist. Lexis 87247 (D.Del.). [N/R]
      In inmates' lawsuit claiming that, while being transported, they were subjected for 10 to 15 hours in restraints so tight that many of them were injured and were denied access to water, defendant officers were entitled to qualified immunity, because the law on the use of severely tight restrains and denial of water for an extended period being constitutional violations was not "clearly established" until two years after the incident in question, in the U.S. Supreme Court case of Hope v. Pelzer, #01-309, 536 U.S. 730 (2002). Anderson-Bey v. District of Columbia, No. 00-2000, 2006 U.S. Dist. Lexis 88891 (D.D.C.). [N/R]
     Former pre-trial detainee asserted possibly viable claims as to whether his rights were violated when he was placed in four-point restraints, chained to a wall in a rubber room, and denied hearings before being punished. Claims for injunctive relief were properly rejected, however, when he was no longer confined at the jail where these incidents took place. Hanks v. Prachar, No. 05-2410, 2006 U.S. App. Lexis 19821 (8th Cir.).[2006 JP Oct]
     Michigan court finds that the cause of a prisoner's death was his suicide, and not anything that city or county personnel did, so that they were entitled to governmental immunity from liability under state law. Cooper v. Washtenaw County, No. 262141, 713 N.W.2d 908 (Mich. App. 2006). [N/R]
     The decision by a prison nurse to place a prisoner in four-point restraint was not shown to be retaliation for his prior lawsuits against other prison personnel, when there was no evidence that the nurse even knew of those lawsuits, and she was not named as a defendant in a lawsuit until after the incident. Ziemba v. Clark, No. 05-1613, 167 Fed. Appx. 831 (2nd Cir. 2006). [N/R]
    Federal appeals court overturns order upholding requirement that all pre-trial detainees be shackled while making their first appearance in criminal cases before magistrate judges. Federal district court, in issuing its order, provided no explanation or justification for the policy based on past safety problems or existing circumstances. U.S. v. Howard, No. 03-50524, 2005 U.S. App. Lexis 24527 (9th Cir.). [2006 JB Jan]
     Placement of leg irons on prisoner during escorted medical trip did not violate prisoner's clearly established constitutional rights. Prison officials used their best judgment in applying such restraints to this prisoner during the transport, and the officers did not deliberately inflict pain on the prisoner in the manner in which the restraints were placed. Perez Olivo v. Gonzalez, No. CIV.01-1515, 384 F. Supp. 2d 536 (D. Puerto Rico, 2005). [N/R]
     U.S. Supreme Court rules that the use of visible shackles, whether during the guilt phase of a criminal trial or the penalty phase of a capital case, is a violation of constitutional due process unless it is justified by specific findings concerning the need for such restraint of the particular defendant based on "essential" interests like courtroom security. Deck v. Missouri, No. 04-5293, 2005 U.S. Lexis 4180. [2005 JB Jul]
     Correctional officer did not use excessive force in using restraints to keep prisoner seated in wheelchair while escorting him to optometrist when prisoner was repeatedly moving himself between the wheelchair and another seat in the doctor's waiting room. Munera v. Metro West Detention Center, No. 02-23612-CIV, 351 F. Supp. 2d 1353 (S.D. Fla. 2004).[N/R]
     Reasonable prison officials should have understood, in 1998, that placing a mentally ill prisoner in four-point restraints for twenty-two hours without food, water, or access to a bathroom, and without the necessity for continued restraint, violated the Eighth Amendment, so that defendants were not entitled to qualified immunity in the prisoner's lawsuit alleging such conduct. Ziemba v. Armstrong, No. CIV.A.3-98-CV-2344, 343 F. Supp. 2d 173 (D. Conn. 2004). [N/R]
     Federal judge sets aside jury verdict for correctional officials, and rules, as a matter of law, that keeping a prisoner in five-point restraints for almost forty-eight hours without periodic review of whether continued restraint was justified violated due process and constituted cruel and unusual punishment. Based on prisoner's conduct during brief releases, continued restraint was unjustified after three hours. Warden, while not personally involved in the incident, was liable because he failed to take corrective action after reading reports of eight prior similar incidents. Sadler v. S.K. Young, 325 F. Supp. 2d 689 (W.D. Va. 2004). [2004 JB Nov]
     Prisoner was properly awarded $1,500 in compensatory damages for allegedly being left in restraint chair for long periods of time, and $500 for alleged excessive use of force against him, but trial court properly did not award punitive damages in light of fact that the prisoner admitted disobeying orders, and that the facility had not developed policies governing the use of the restraint chair. Guerra v. Drake, #03-3137, 371 F.3d 404 (8th Cir. 2004). [2004 JB Sep]
     Prison official was entitled to qualified immunity against prisoner's claim that he used excessive force against him when handcuffing him, resulting in a lacerated wrist and injured thumb. The prisoner admitted that he violated facility cuffing procedures by withdrawing his uncuffed hand and disobeying the officer's orders, and defendant reasonably believed that the plaintiff prisoner was trying to pull the cuffs into his cell in order to possibly use them as a weapon. Avery v. Anderson, No. 03-4213, 94 Fed. Appx. 735 (10th Cir. 2004). [N/R]
     Prisoner was not entitled to damages for use of back restraints after his disciplinary conviction. He failed to show that their use was an "atypical and significant hardship in relation to the ordinary incidents of prison life," and rash which he allegedly suffered from the use of the restrains was not "serious harm" as required to support a claim for deliberate indifference to a serious medical need. Tasby v. Cain, #03-30334, 86 Fed. Appx. 745 (5th Cir. 2004). [N/R]
     Correctional officers did not violate inmate's Eighth Amendment rights by restraining him for approximately 20 hours on a stretcher. Prisoner had kicked a door and assaulted a correctional officer, and after he was placed on a stretcher, the officers loosened his handcuffs and allowed him "numerous" bathroom breaks, as well as food, liquids, and medications. Action in feeding him a disciplinary diet of "nutra-loaf" was also not an Eighth Amendment violation, despite the prisoner's claim that he experienced adverse effects, including vomiting, burning in his chest and throat, and frequent bowel movements. These effects were not "serious medical conditions," and there was no order or instruction from medical personnel to stop the "nutra-loaf" diet. Myers v. Milbert, 281 F. Supp. 2d 859 (N.D.W.Va. 2003). [N/R]
      County jail personnel's actions in strapping a female detainee naked and spread-eagle to a restraining board for three and a half hours and failing to cover her, allowing her to be observed by male officers, violated her constitutional right to privacy, but defendants were entitled to qualified immunity on federal civil rights claim, as the right violated was not "clearly established" at the time. State law award of $2,500 in damages for violation of privacy is upheld. Hill v. McKinley, #01-2574, 311 F.3d 899 (8th Cir. 2002). [2003 JB Feb.]
     U.S. Supreme Court holds that alleged use of "hitching post" to restrain prisoner outside in hot weather for seven hours without bathroom breaks and with only one or two water breaks, if true, established an Eighth Amendment violation, for which defendant prison officials were not entitled to qualified immunity defense at summary judgment phase of proceedings. Hope v. Pelzer, #01-309, 122 S. Ct. 2508 (2002). [2002 JB Aug]
     Pre-trial detainees were entitled to after-the-fact procedural due process protections when they were required to be put in additional restraints when being moved within or outside the jails. This includes the right to a hearing, written decision, and timely review of appeal from placement in special restraint status. Such restraint must be imposed for a legitimate security purpose rather than an impermissible purpose of punishment. Benjamin v. Fraser, #00-9093 & 00-9095, 264 F.3d 175 (2nd Cir. 2001). [N/R]
     A prisoner's four-hour immobilization in "four-point" restraints, by itself, did not constitute an atypical and significant hardship sufficient to support a federal civil rights claim. Laws v. Cleaver, 140 F. Supp. 2d 145 (D. Conn. 2001). [N/R]
     Prisoner's claim that he was restrained with 5-point restraint for 48 hours because of his race and prior complaints about expressions of racism -- and that he was shown a drawing of a person in a noose -- state a claim for denial of equal protection. Use of restraints for such an extended time period could also constitute excessive use of force. Davis v. Lester, 156 F. Supp. 2d 588 (W.D. Va. 2001). [2002 JB Jan]
     295:107 Keeping an inmate handcuffed to a hitching post in the sun for seven hours without regular water or bathroom breaks constituted cruel and unusual punishment; prison guards who did this, however, were entitled to qualified immunity because the law on the subject was not clearly established in 1995. Hope v. Pelzer, No. 00- 12150, 240 F.3d 975 (11th Cir. 2001).
     295:106 Overly tight application of handcuffs on a nonviolent detainee may be excessive use of force, in the absence of any indication that detainee would resist or attempt to flee. Kostrzewa v. City of Troy, #00-1037, 247 F.3d 633 (6th Cir. 2001).
     EDITOR'S NOTE: See also: Soares v. Connecticut, 8 F.3d 917 (2nd Cir. 1993) (refusing to hold that handcuffing is per se reasonable). In a different factual context, where officers arrested a woman following her physical altercation with her grown daughter, and the arrestee sued, claiming that her wrist was allegedly swollen from being handcuffed, another federal appeals court found that "handcuffing too tightly, without more, does not amount to excessive force." Glenn v. City of Tyler, #00- 40133, 242 F.3d 307 (5th Cir. 2001). This case, in contrast to the one decided by the 6th Circuit, did not involve a nonviolent offense.
     [N/R] Whether inmate was placed in a restraint chair to stop his disruptive behavior or for purposes of punishment without procedural due process was a question for the jury to decide, but placement of him in a restraint chair for eight hours did not violate substantive due process under Eighth Amendment standards. Judgment for defendants upheld on appeal. Fuentes v. Wagner, No. 99- 1062, 206 F.3d 335 (3rd Cir. 2000).
     [N/R] Former inmate claimed deprivations that were sufficiently atypical to implicate a liberty interest, stating a claim for due process violations in disciplinary proceedings, including placement in full restraints for nearly seven months after disciplinary proceedings allegedly lacking due process protections, and remaining naked in his cell for a number of days. Sims v. Artuz, #97-2674 , 230 F.3d 14 (2nd Cir. 2000)
     286:147 County sheriff was not entitled to qualified immunity from lawsuit by 52-year-old prisoner with AIDS challenging an alleged policy of shackling all hospitalized inmates hand and foot 24 hours a day despite also having an armed guard stationed at their hospital room; lawsuit stated claims for denial of access to the courts, denial of equal protection, and excessive bodily restraint of a pretrial detainee. May v. Sheahan, #99-3140, 226 F.3d 876 (7th Cir. 2000).
     277:7 Placing prisoner in restraints for twenty-four hours after he threw water at correctional officer did not constitute cruel and unusual punishment; prisoner had no right to a hearing prior to being placed in restraints. Key v. McKinney, #98-2749, 176 F.3d 1083 (8th Cir. 1999).
     277:8 Prisoner who slipped and fell down stairs while being escorted to a gymnasium in full restraints did not state claim for cruel and unusual punishment. Pendergrass v. Hodge, 53 F. Supp. 2d 838 (E.D. Va. 1999).
     282:90 Use of "L" shape method of restraint was not excessive force when used on prisoner who posed a serious threat to herself and others and when other lesser forms of restraint had proved ineffective; restraint itself caused no physical harm and prison officials were careful to monitor the prisoner while she was restrained in this manner. Campbell v. Sikes, #98-8265, 169 F.3d 1353 (11th Cir. 1999).
     269:75 Jury awards almost $13 million to family of schizophrenic man who died of asphyxiation after being placed in restraints face down; trial judge also awards $343,953.70 in attorneys' fees, but rejects one plaintiff's attorney's request for fees of $1,000 per hour. Swans v. City of Lansing, 1998 U.S. Dist. LEXIS 20043 (W.D. Mich. 1998).
     274:153 Trial court upholds settlement of prisoners' claim that chaining all prisoners together on "chain gang" work detail put them in danger of injury; court rules that use of "hitching post" on all prisoners who refuse to work was cruel and unusual punishment; private settlement of class action was not subject to limitations on injunctive relief set forth in Prison Litigation Reform Act. Austin v. Hopper, 15 F.Supp.2d 1210 (M.D. Ala. 1998).
     [N/R] Allegation that medical director allowed restraints and segregation for prisoner in psychiatric hospital without specific approval from a medical doctor stated a claim for violation of the Eighth Amendment protection against cruel and unusual punishment; prisoner's right to such medical approval in these circumstances was clearly established. Buckley v. Rogerson, No. 96-3108, 133 F.3d 1125 (8th Cir. 1998).
     262:154 Prison officials did not violate any clearly established rights of disruptive prisoner who repeatedly threw urine at correctional officers when they maced him and placed him in four-point restraints for twenty-eight hours. Price v. Dixon, 961 F.Supp. 894 (E.D.N.C. 1997).
     263:169 Trial court, relying on new study, concludes that "positional asphyxia" was not cause of arrestee's death, questions entire scientific basis for "positional asphyxia." Price v. Co. of San Diego, 990 F.Supp. 1230 (S.D. Cal. 1998). » Editor's Note: The study relied on by the trial court in the decision above has been published as JL Clausen, TC Chan, T Neuman, & GM Vilke, "Restraint Position and Positional Asphyxia" in Vol. 30 Annals of Emergency Medicine, p. 578-586 (Nov. 1997).
     [N/R] Court declines to dismiss claims against police chief and municipality based on failure to train allegations after pretrial detainee placed in restraint chair subsequently denied; court also refuses to grant qualified immunity to individual defendants; focus of case is on the issue of dealing with mentally disturbed individuals. Swans v. City of Lansing, 1997 U.S. Dist. Lexis 17264 (W.D. Mich. Aug. 21, 1997).
     [N/R] Court upholds criminal conviction under 18 U.S.C. Sec. 241 of a correctional officer for conspiracy to violate the civil rights of a pre-trial detainee who was placed in a restraint chair, based not on the use of restraint chair, but rather on alleged mistreatment of prisoner while he was in it, including pouring boiling water on his groin. U.S. v. Crochiere, 129 F.3d 233 (1st Cir. 1997).
     [N/R] Trial court had to hold hearing to determine whether it was necessary to place restraints on prisoner when he appeared to represent himself in court on civil rights claim and should not simply defer to opinions of prison security guards. Davidson v. Riley, 45 F.3d 625 (2nd Cir. 1995).
     [N/R] Prisoner did not need to show that disciplinary proceedings were terminated in his favor in order to successfully bring federal civil rights lawsuit over claim that he was disciplined in retaliation for exercising his right of access to the courts. Woods v. Smith, 60 F.3d 1161 (5th Cir. 1995).
     223:107 Federal appeals court upholds summary judgment for correctional officer sued by unruly prisoner he placed in restraints; officer did not make the decision to place the prisoner in the restraints or to keep him in them for 73 hours; further proceedings ordered on whether assistant warden approved of the length of restraints and whether such restraint constituted a violation of prisoner's liberty interests. Williams v. Vidor, 17 F.3d 857 (6th Cir. 1994).
     [N/R] Handcuffing prisoner from behind violated Eighth Amendment when inmate told officers he suffered from a medical condition that precluded such restraint and officer intentionally inflicted pain on inmate for a significant period of time. Aldape v. Lambert, 34 F.3d 619 (8th Cir. 1994).
     Lawsuit alleging guard's negligence in use of leg irons and lockbar was properly dismissed as frivolous; discomfort experienced by prisoner was minor and acts complained of were common and necessary in prison environment. Thomas v. Texas Dept. of Crim. Justice, 848 S.W.2d 797 (Tex. App. 1993).
     Trial judge in prisoner's suit alleging excessive force by correctional officers abused his discretion in relying on "selfserving" opinions of fellow correctional officers of the defendants as to what restraints of prisoner were necessary when he appeared in court; hearing should have been held to determine whether restraint of prisoner in leg irons and handcuffs in court were required. Lemons v. Skidmore, 985 F.2d 354 (7th Cir. 1993).
     Trial court appropriately ordered inmate's prisoner/witnesses to be shackled when in courtroom because of security concerns and risk of escape. Woods v. Thieret, 5 F.3d 244 (7th Cir. 1993).
     Prison officials were entitled to qualified immunity from prisoner's suit against the use of a "black box" placed over his handcuffs to further restrain him whenever he was moved outside of segregation unit. Knox v. McGinnis, 998 F.2d 1405 (7th Cir. 1993).
     Pretrial detainee kept in "three-way" chain restraints for a week following his suicide attempt, and not permitted normal use of toilet, awarded $5,000 in compensatory and $2,000 in punitive damages. Jones v. Thompson, 818 F.Supp. 1263 (S.D. Ind. 1993).
     Use of black box restraint device over handcuffs while transporting prisoner to and from hospital was not itself cruel and unusual punishment; officers who had no discretion as to whether to use the restraint device could not be held liable for prisoner's wrist injuries. Moody v. Proctor, 986 F.2d 239 (8th Cir. 1993).
     Placing prisoner in four-point restraints and gag for 28 hours to restore order following disturbance was not cruel and unusual punishment. Williams v. Burton, 943 F.2d 1572 (11th Cir. 1991).