An inmate who says he was forcefully slapped during a strip search can proceed with his excessive force claim, a federal judge has ruled. Without further information about the need for the application of force, the relationship between the need and the force used, or the extent (or lack) of plaintiffs injuries, the court cannot say at this stage that the slap was de minimus as a matter of law, Eastern District Judge Allyne Ross (See Profile) said in Benjamin v. Flores, 11-cv-4216. In refusing to wholly grant a dismissal motion, the judge said that while the excessive force claim might be weak or thin…it plausibly states a claim that the officer acted unlawfully.
The case stems from the time Jason Benjamins fiancée visited him at the Anna M. Kross Center on Rikers Island on April 27, 2011. As the two were hugging and kissing in the visiting room, a corrections officer grabbed Benjamin and he was searched on suspicion of smuggling contraband, but nothing illegal was found. Benjamin said he was visciously [sic] slapped during the search because he got up from his squat though the officer did not tell him to stand. Benjamins punishment included a 45-day bar on visits from his fiancée.
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