Barker v. Goodrich, No. 10-3195 (6th Cir. 2011)
Annotate this CasePlaintiff, an inmate, failed to stand during a head-count and was pulled from his cell, handcuffed, and placed in an observation cell for more than 12 hours with his hands restrained behind his back. He claims that he missed a meal and was unable to push a button for water or pull down his pants to use the toilet; his requests for mental health services went unanswered. The district court rejected his 42 U.S.C. 1983 claims against the facility and 11 employees on grounds of qualified immunity. The Sixth Circuit reversed in part, holding that the institution had waived its defense of Eleventh Amendment immunity by failing to properly raise it. Claims for monetary damages from employees in their official capacities are barred by the Eleventh Amendment, but claims for declaratory and injunctive relief may proceed. Defendants had fair warning that their conduct was unconstitutional and the alleged facts were sufficient to find that the force was applied maliciously and sadistically to cause harm and that defendants disregarded a substantial risk of serious harm.
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