ICAP, in partnership with Rights Behind Bars, represented an incarcerated individual in a federal lawsuit against a correctional officer who assaulted him while he was fully restrained. The case highlighted an egregious violation of the Eighth Amendment’s prohibition on cruel and unusual punishment, as well as the Fourth Amendment’s protections against excessive force. The litigation challenges the culture of impunity within the federal prison system and the high bar of qualified immunity. By representing Mr. Silva, ICAP aims to establish that the constitutional right of an incarcerated person to be free from physical abuse, especially when they pose no threat to security, is clearly established and must be vindicated in court.
