Page 64 - Original 2020 Legal Guide By Jack Ryan

Task: Pepper Spray

Martinez v. New Mexico Dept. Of Public Safety, 47 Fed. Appx. 513

(10 Cir. 2002).
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It is unreasonable to use pepper-spray as a pain compliance

technique where the suspect is restrained in handcuffs and is only

being verbally resistant.

• Pain Compliance techniques can be immediately stopped when the

suspect responds with compliance. The effects of pepper-spray

cannot be immediately stopped upon compliance.

• See also, Vineyard v. Wilson, 311 F.3d. 1340 (11 Cir. 2002) for a
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similar conclusion.

©2020 Jack Ryan Legal & Liability Risk Management Institute 63