In this case, the State of Montana charged a Gallatin County Sheriff’s deputy with assaulting a prisoner in his custody when he grabbed a prisoner in handcuffs, belly chains and leg restraints by the neck and shoved her into a wall, hitting her head. Madsen asserted that the woman wasn’t a “prisoner” because she had not been convicted. A lower court agreed, but the state appealed. The ACLU of Montana filed an amicus brief supporting the state’s position that someone restrained by law enforcement is a prisoner regardless of whether he or she has been convicted. In September 2013, the Montana Supreme Court agreed.
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