Q1 :Discuss the standard or test that the Supreme Court created to evaluate the constitutionality of uses of force in correctional institutions. That requires discussing the Supreme Court’s decisions in the cases Albers v. Whitley and Hudson v. McMillian. How would a court apply those two decisions and the standards it has set for use of force in corrections to Davis’s lawsuit? You do not have to argue both sides of the issue. Assume you are representing the government who is defending the inmate’s lawsuit.
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Q2 Does it matter if the scenario described in Question 1 happened to a prisoner who was a pretrial detainee? Minimum 1 and ½ page, double-spaced. Be sure you listen to the Commentary!
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Q1: Discuss the standard or test established by the Supreme Court to assess the constitutionality of use of force in correctional institutions. This necessitates a discussion of the Supreme Court’s decisions in Albers v. Whitley and Hudson v. McMillian. How would a court apply those two decisions, as well as the standards it has established for the use of force in corrections, to Davis’s case? You are not required to argue both sides of the argument. Assume you are a lawyer for the government, and you are defending the inmate’s lawsuit.
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Q2 Does it matter if the scenario described in Question 1 occurred to a pretrial detainee? Minimum of one and a half pages, double-spaced. Make sure to pay attention to the Commentary!
