Is a prison officer entitled to qualified immunity in a tort action for kicking an inmate in the penis?

MultiRegion, United States of America

The following excerpt is from Ellis v. Brady, Case No.: 16cv1419 WQH (NLS) (S.D. Cal. 2017):

In Watts v. McKinney, 394 F.3d 710, 711 (9th Cir. 2005), the plaintiff alleged that when he did not answer an interrogating prison officer's questions the way the officer hoped and repeatedly asked for a lawyer, the officer slammed the inmate's face into a wall and then kicked him in the penis and back while the inmate was lying handcuffed on the floor. The court found the officer was not entitled to qualified immunity because "the vengeful acts of a frustrated investigator" violated the clearly established Eighth Amendment right to be free from the use of force for the malicious and sadistic purpose of causing harm. Id.

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