March 7 - March 7, 2008 Jim White, handcuffed to a fence in...

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March 7, 2008 Jim White, “handcuffed to a fence in Mississippi” Hope v. Pelzer (2002) o In ’68 8 th circuit in jackson v. bishop, the use of the strap violates 8 th amendment; other courts followed suit; Mississippi dept of corrections abolished use of black betty o Fell asleep on bus on way to chain gang; he and guard got in fight; then calmed down; handcuffed to hitching post when taken back to prison on hot day – 7 hours; gave him one or two sips of water o Said being hitched to hitching post for punishment is unfair; can you restrain a prisoner in a painful way when the action is already past? o Brought lawsuit, first court found in his favor, but US court of appeals with coverage over Alabama (11 th circuit) decide what was done: first, what was done did violate his 8 th amendment rights; however, but found the guards have qualified immunity o Qualified Immunity Whether the defendant violated clearly established constitutional or statutory rights of which a reasonable person in the defendants position
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This note was uploaded on 03/15/2009 for the course CRJU 203 taught by Professor Haas during the Spring '06 term at University of Delaware.

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March 7 - March 7, 2008 Jim White, handcuffed to a fence in...

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