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Home / Opinion Digests / Criminal – Inmate Assault On Guard – Self-Defense Instruction (access required)

Criminal – Inmate Assault On Guard – Self-Defense Instruction (access required)

A fear of “excessive force” is not enough to allow a federal inmate to fight back when facing physical force from prison guards; in a case of first impression, the 4th Circuit says an inmate has a right to self-defense only when facing “an unlawful and present threat of death or serious bodily harm.” The question ...