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Handcuffing Prisoner for Seven Hours in Cell May be Unconstitutional
The plaintiff was arrested for soliciting a prostitute. He was variously handcuffed behind his back, handcuffed to a hook 12 inches above the floor, and then handcuffed to the front of the cell in a standing position, despite his repeated complaints of a prior medical problem of his back and neck.
Keeping a prisoner handcuffed for over seven hours inside a holding cell may be an exaggerated response under Wolfish. At 180: "Although there may be a legitimate reason for doing so, it is not apparent at this stage of the litigation." The court applies Eighth Amendment analysis to this detainee case and seems to think that the Hudson malicious/sadistic test governs. See: Casaburro v. Giuliani, 986 F.Supp. 176 (S.D.N.Y. 1997).
Keeping a prisoner handcuffed for over seven hours inside a holding cell may be an exaggerated response under Wolfish. At 180: "Although there may be a legitimate reason for doing so, it is not apparent at this stage of the litigation." The court applies Eighth Amendment analysis to this detainee case and seems to think that the Hudson malicious/sadistic test governs. See: Casaburro v. Giuliani, 986 F.Supp. 176 (S.D.N.Y. 1997).
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Related legal case
Casaburro v. Giuliani
| Year | 1997 |
|---|---|
| Cite | 986 F.Supp. 176 (S.D.N.Y. 1997) |
| Level | District Court |
| Injunction Status | N/A |