CARSON CITY — A federal appeals court has revived a claim by a Las Vegas man that guards at the state prison in Ely “punched, kicked and stomped” while he was handcuffed and in leg irons.
The 9th U.S. Circuit Court of Appeals today overturned the decision of the District Court, which granted a pre-trial summary ruling in favor of the correctional officers sued by Charles Manley.
Manley is serving a 10-year to life term for being a habitual criminal and has been in prison since 2005.
According to his lawsuit, in July 2009, Manley got into a fight with his cellmate and tried to summon help from officers who were late to respond. Once they arrived, Manley alleges, he was chained, beaten and placed in another cell.
The officers deny the allegations.
Manley’s medical records show he suffered injuries but do not reveal the cause.
The court found there were disputed facts that justified a trial.
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