What factors must a court consider when determining whether there is an emergency in a maximum security prison?

MultiRegion, United States of America

The following excerpt is from Johnson v. Sandy, No. 2:12-cv-2922 JAM AC P (E.D. Cal. 2017):

prison disturbance, prison officials undoubtedly must take into account the very real threats the unrest presents to inmates and prison officials alike, in addition to the possible harms to inmates against whom force might be used." Id. at 320. However, "the absence of an emergency may be probative of whether the force was indeed inflicted maliciously or sadistically." Jordan v. Gardner, 986 F.2d 1521, 1528 n.7 (9th Cir. 1993) (citing Hudson, 503 U.S. at 7 (court should look at need for force and reasonably perceived threat)).

Other Questions


What are the factors used by the Court to determine whether a person charged with a serious drug offence should not be released from a maximum security prison? (MultiRegion, United States of America)
What factors are considered to determine whether inducement was a factor in determining whether an individual was entrapped in a criminal case? (MultiRegion, United States of America)
Is a prison officer's mental state a determinative factor in determining whether a prisoner should be released from prison without trial? (MultiRegion, United States of America)
What factors are considered in determining whether to refer a fraudulent conveyance action to the bankruptcy court rather than the district court? (MultiRegion, United States of America)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
Does the court need to consider the "prison mailbox rule" in determining whether a petition was delivered to the prison on the same date as the petition was filed? (MultiRegion, United States of America)
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
How do courts determine whether a prisoner's notice of appeal was timely filed on the date it was delivered to prison staff for delivery to the court? (MultiRegion, United States of America)
What factors are considered to determine whether a plaintiff has been successful in obtaining an injunction against the Superior Court? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.