March 12 - Hassine buys argument 100 that staff doesnt want...

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March 12, 2008 Hassine buys argument 100% that staff doesn’t want to heal race relations because that would make it harder for them to control prison Use of force (by staff against inmates) Inevitable o Whitley v. Albers (1986) o Not just ordinary day-to-day life, but also in a prison disturbance o There is a disturbance and to help quell, a prison guard fires a rifle and hits an inmate not involved in riot Said use of weapon unnecessary; fire in direction of those who are rioting o Standard developed by Supreme Court: Was this use of force a good faith effort to maintain or restore discipline? Or whether the force was malicious and sadistic for the very purpose of causing harm? Purely objective Was it good faith? Depends on what the guard actually did Was it malicious and sadistic? Now law for all cases where force is used and guards are trying to quell a riot o Hudson v. McMillian (1992) p282-284 o Hudson was an inmate who got into a verbal altercation with McMillian; Hudson
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