Prison Guards Face Suit For Pepper Spraying Inmate

CUMBERLAND, Md. (AP) -- A Maryland federal court case alleging excessive force by prison guards against an inmate has been revived by an appeals court.

The Daily Record reports that the 4th U.S. Circuit Court of Appeals overturned the decision of a federal judge to dismiss a lawsuit filed by Wayne Boone, who alleges that he was pepper sprayed by prison guards at the North Branch Correctional Institution in Cumberland.

The appeals court determined that facts are "in dispute" about whether the officers used excessive force.

Boone says he was handcuffed and under control when the guards beat and pepper sprayed him in December 2012 after he insulted a nurse at the facility.

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• Lawsuit