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Gassing Inmates No Longer Aloud
By law.com
Published: 08/31/2010

The inmates were derided as "frequent fliers" by the guards at Florida State Prison, a caustic reference to mentally ill inmates who were gassed for their disruptive behavior, only to be shipped for treatment to a nearby prison. These prisoners would return after they were stabilized, only to have the cycle repeat itself.

The cycle may be over after the 11th U.S. Circuit Court of Appeals upheld a Jacksonville, Fla., judge's ruling that the use of pepper spray and other chemical agents by guards against mentally ill inmates is unconstitutional.

Now the chance of getting treatment for these individuals in the prison setting -- as opposed to abuse -- may increase, said Randall Berg, president of the Florida Justice Institute and the attorney for two inmates who took the issue to trial.

The ruling (pdf) gives the state Corrections Department no room for cover in future lawsuits on behalf of gassed inmates. The department can no longer use qualified immunity as a defense for their discretionary actions in prison operations, Berg said.

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