The following excerpt is from Johnson v. Sandy, No. 2:12-cv-2922 JAM AC P (E.D. Cal. 2017):
prison disturbance, prison officials undoubtedly must take into account the very real threats the unrest presents to inmates and prison officials alike, in addition to the possible harms to inmates against whom force might be used." Id. at 320. However, "the absence of an emergency may be probative of whether the force was indeed inflicted maliciously or sadistically." Jordan v. Gardner, 986 F.2d 1521, 1528 n.7 (9th Cir. 1993) (citing Hudson, 503 U.S. at 7 (court should look at need for force and reasonably perceived threat)).
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