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Jasper v. Thalacker

United States Court of Appeals, Eighth Circuit
Jul 19, 1993
999 F.2d 353 (8th Cir. 1993)

Summary

holding there was no Eighth Amendment violation where officers grabbed inmate and applied a stun gun to him for several seconds after the inmate refused an order, threatened an officer, and lunged toward him with clenched fists

Summary of this case from Stevenson v. Cordova

Opinion

No. 92-2778.

Submitted May 14, 1993.

Decided July 19, 1993.

Philip B. Mears, Iowa City, IA, argued, for appellant.

Susie Berregaard Thomas, Asst. Atty. Gen., Des Moines, IA, argued, for appellees.

Appeal from the United States District Court for the Northern District of Iowa.

Before RICHARD S. ARNOLD, Chief Judge, JOHN R. GIBSON and FAGG, Circuit Judges.


Loren Jasper, an Iowa inmate, appeals from a judgment entered in the District Court in favor of prison officials in this 42 U.S.C. § 1983 action. We affirm.

The Hon. Edward J. McManus, Senior United States District Judge for the Northern District of Iowa.

While in the examining room of the solitary confinement unit of the prison, a guard told Jasper to put his clothes on a chair. Jasper told the guard to quit staring at him or he would "knock" the guard's "teeth down his throat." After Jasper clenched his fists and lunged toward the guard, three guards grabbed Jasper, and a fourth guard applied a stun gun to Jasper for a few seconds until he was subdued.

Jasper filed this action, alleging that the use of the stun gun violated the Eighth Amendment. After a hearing, a magistrate judge recommended finding that Jasper had threatened the guard, and that force was required to subdue Jasper, but concluded that the use of the stun gun violated the Eighth Amendment because the guards could have subdued Jasper without the gun.

The District Court accepted the magistrate judge's findings of fact. The Court, however, held that the facts did not amount to an Eighth Amendment violation because Jasper failed to prove that the guards had used the stun gun sadistically or maliciously.

We agree with the District Court. In Hudson v. McMillian, ___ U.S. ___, ___, 112 S.Ct. 995, 999, 117 L.Ed.2d 156 (1992), the Supreme Court held that "whenever prison officials stand accused of using excessive physical force in violation of the . . . [Eighth Amendment], the core judicial inquiry is . . . whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm." And in Whitley v. Albers, 475 U.S. 312, 319, 106 S.Ct. 1078, 1084, 89 L.Ed.2d 251 (1986), the Court explained that "[t]he infliction of pain in the course of a prison security measure . . . does not amount to cruel and unusual punishment simply because it may appear in retrospect that the degree of force authorized or applied for security purposes was unreasonable, and hence unnecessary in the strict sense." In circumstances similar to this case, other courts have held that the use of a stun gun did not violate the Eighth Amendment. Caldwell v. Moore, 968 F.2d 595, 602 (6th Cir. 1992); Michenfelder v. Sumner, 860 F.2d 328, 335-36 (9th Cir. 1988).

Affirmed.


Summaries of

Jasper v. Thalacker

United States Court of Appeals, Eighth Circuit
Jul 19, 1993
999 F.2d 353 (8th Cir. 1993)

holding there was no Eighth Amendment violation where officers grabbed inmate and applied a stun gun to him for several seconds after the inmate refused an order, threatened an officer, and lunged toward him with clenched fists

Summary of this case from Stevenson v. Cordova

holding that employment of a stun gun to subdue a prisoner who had verbally threatened and then lunged at a prison official did not constitute the use of excessive force

Summary of this case from James v. Cerro Gordo Cnty. Jail

finding that the use of a stun gun did not constitute an Eighth Amendment violation because the detainee threatened to harm a guard and then lunged toward him

Summary of this case from Mahamed v. Anderson

affirming judgment for prison officials on prisoner's Eighth Amendment claim when a prison guard used a stun gun on a combative prisoner who had already been restrained

Summary of this case from Loving v. Roy

In Jasper v. Thalacker, 999 F.2d 353 (8th Cir. 1993), for example, a prisoner verbally threatened a guard, clenched his fists, and then lunged at the guard.

Summary of this case from Lewis v. Downey

using stun gun to subdue an unruly inmate did not violate Eighth Amendment where plaintiff failed to prove that the officers used the stun gun "sadistically or maliciously" to cause harm

Summary of this case from Hunter v. Young

In Jasper v. Thalacker, 999 F.2d 353 (8th Cir. 1993), for example, the court applied the "maliciously and sadistically" standard to the use of a "stun gun" to subdue an unruly and assaultive prisoner in the solitary confinement unit of an Iowa prison.

Summary of this case from LeMaire v. Maass

using stun gun was a reasonable response when inmate verbally threatened and punched at a guard when done in a good faith effort to restore discipline

Summary of this case from Chaney v. Co.

using a stun gun to subdue an unruly inmate did not violate the Eighth Amendment when not used maliciously or sadistically even if other options available

Summary of this case from Flemons v. Devane

using stun gun to subdue an unruly inmate did not violate Eighth Amendment where plaintiff failed to prove that the officers used the stun gun "sadistically or maliciously" to cause harm

Summary of this case from Brown v. Beard

using a stun gun to subdue an unruly inmate did not violate 8th Amendment where plaintiff failed to prove that the officers used the stun gun sadistically or maliciously to cause harm

Summary of this case from Blair v. County of Davidson
Case details for

Jasper v. Thalacker

Case Details

Full title:LOREN WILLIAM JASPER, APPELLANT, v. JOHN A. THALACKER, WARDEN; CHARLES…

Court:United States Court of Appeals, Eighth Circuit

Date published: Jul 19, 1993

Citations

999 F.2d 353 (8th Cir. 1993)

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