Q1 :Discuss the standard or test that the Supreme Court created to evaluate the constitutionality of uses of force in correctional institutions. That requires discussing the Supreme Court’s decisions in the cases Albers v. Whitley and Hudson v. McMillian. How would a court apply those two decisions and the standards it has set for use of force in corrections to Davis’s lawsuit? You do not have to argue both sides of the issue. Assume you are representing the government who is defending the inmate’s lawsuit.
Q2 Does it matter if the scenario described in Question 1 happened to a prisoner who was a pretrial detainee? Minimum 1 and ½ page, double-spaced. Be sure you listen to the Commentary!