California Prisoner’s Excessive Force Lawsuit Revived on Appeal

A California inmate who claimed that corrections officers used excessive force against him and delayed his access to medical assistance saw his lawsuit revived by the Ninth Circuit Aug. 28.

Cary Dwayne Gilmore was an inmate at Kern Valley State Prison in 2010 when an alarm sounded due to a disturbance in which he wasn’t involved. Gilmore alleges that he began to lie down but a guard shot him with a sponge round in his leg. Two more guards then allegedly pepper sprayed him until their spray cans were emptied. Afterwards, a fourth guard handcuffed Gilmore and forced him to ...