Does the extent of injury suffered by an inmate affect a determination of whether the use of force could plausibly have been thought necessary?
MultiRegion, United States of America
The following excerpt is from Jones v. Corr. Officer J. Lebeck, NO. CV-08-2534-RHW (E.D. Cal. 2014):
3. "[T]he extent of injury suffered by an inmate is one factor that may suggest 'whether the use of force could plausibly have been thought necessary' in a particular situation, 'or instead evinced such wantonness with respect to the unjustified infliction of harm as is tantamount to a knowing willingness that it occur.'" Hudson v. McMillian, 503 U.S. 1, 7 (1992) (citation omitted). Absence of serious injury is relevant but is not dispositive. Id.
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