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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)

Citation
Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)
Parent Document
Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)
Effective Date
2018-05-30

Other Sections in This Document (185)

Full Text

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Analogous Supreme Court and circuit cases decided well
before 2008 gave these deputies notice that the malicious and
sadistic use of force in responding to a prison disturbance
violated the Eighth Amendment. See, e.g., Hudson, 504 U.S.
at 4 (holding that officers violated the Eighth Amendment
where one officer “punched Hudson in the mouth, eyes, chest,
and stomach while [another officer] held the inmate in place
and kicked and punched him from behind”). In Martinez, for
instance, the plaintiff claimed that he had covered his cell
door with a bed sheet in order to prevent pepper spray fumes
from entering the cell during a prison disturbance. 323 F.3d
at 1180. Under the plaintiff’s version of events, “after he told
the officers the sheet would be removed when the fumes were
                     RODRIGUEZ V. CRUZ                        33