Can a prison official violate a prisoner's Eighth Amendment rights by failing to intervene?
The following excerpt is from Johnson v. Sandy, No. 2:12-cv-2922 JAM AC P (E.D. Cal. 2017):
Similarly, it was clearly established that "a prison official can violate a prisoner's Eighth Amendment rights by failing to intervene." Robins v. Meecham, 60 F.3d 1436, 1442 (9th Cir. 1995). Because there are disputes of material fact regarding whether the force used was excessive, the court is unable to find defendants are entitled to qualified immunity on the failure to protect claims. If the use of force was excessive, then a reasonable officer would not have believed that it was permissible to allow the use of force to continue without attempting to intervene in some fashion.
2. Retaliation
"[T]he prohibition against retaliatory punishment is 'clearly established law' in the Ninth
Page 35
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
