Plaintiff Matthew McKinnon, proceeding pro se, alleged that Lieutenant Terry Redden and other defendants used excessive force against him on August 13, 2020. The dispute centers on an incident where McKinnon claimed he was repeatedly pepper-sprayed and placed in a hot shower after refusing to apologize to a female officer.
The case was tried before a jury in February 2026. The jury returned verdicts in favor of all defendants except Lt. Redden, against whom they could not reach a unanimous verdict. Consequently, the court’s ruling on the Rule 50 motion pertains solely to Lt. Redden.
McKinnon testified that he was working as a barber at the prison when he had a verbal altercation with a female officer. He stated that Lt. Redden fired him from his position and accused him of threatening an officer, though no disciplinary hearing board ever found him guilty of that offense.
McKinnon alleged that four hours later, guards came to his cell demanding an apology. When he refused, he claimed they sprayed him with pepper spray for thirty minutes until he lost consciousness. He testified that Lt. Redden was the "ring leader" of the incident.
After losing consciousness, McKinnon said he was taken to the medical unit. He alleged that instead of receiving a cold decontamination shower, he was placed in a hot shower while still handcuffed and clothed, which aggravated his pain. Lt. Redden was present during this treatment.
Lt. Redden argued that the force was used in good faith to restore order, not maliciously. The court noted that while jail security officials are justified in maintaining discipline, an inmate’s passive disobedience does not authorize unrestrained force.
The court held that viewing the evidence in the light most favorable to McKinnon, a reasonable jury could find a legally sufficient evidentiary basis for the excessive force claim. The court emphasized that pain, not just injury, is the measure for such claims under the Eighth Amendment.
The court denied the motion and reaffirmed the trial setting for May 26, 2026, to determine damages for Lt. Redden.