Resource: Hope v. Pelzer

By: Oyez

June 27, 2002

Oyez

As an Alabama prison inmate, Larry Hope was twice handcuffed to a hitching post for disruptive conduct. Both times prison guards handcuffed Hope above shoulder height, and when he tried moving his arms to improve circulation, the handcuffs cut into his wrists. During the second incident, guards order Hope to remove his shirt and he spent seven hours on the hitching post in the sun. While there, he was given one or two water breaks, but no bathroom breaks. Hope filed a civil suit against the guards. Subsequently, a Magistrate Judge found that the guards were entitled to qualified immunity. Ultimately affirming, the Court of Appeals, while finding that the hitching post's use for punitive purposes violated the Eighth Amendment, concluded that the guards nevertheless entitled to qualified immunity.

https://www.oyez.org/cases/2001/01-309