The suit – which names Conway, Col. Don Pinkard and Lt. Col. Carl Sims as defendants – was initially dismissed in United States District Court. Jones and Cicala appealed, only to have the case sent back to district court following a June 22, 2015, decision from the United States Supreme Court (Kingsley v. Hendrickson held that a pretrial detainee alleging excessive force had only to prove that said force was "objectively unreasonable," not that the accused were "subjectively aware" they were acting unreasonably.)
Friday’s summary judgment, then, means that the case is essentially in the same place it was a year ago. Despite Conway’s statements, Jones said Monday that an appeal will be filed -- and that he and Cicala feel like the Supreme Court case will actually make it “easier … to win” and be granted a jury trial.
Said Cicala: "The legal standard that applies to use of force against inmates is what is in question here. The use of the restraint chair is simply one element of equation. Whether these persons have been subjected to excessive force is a question which should be left to a jury to determine."
Deputy Shannon Volkodav, a spokeswoman for the sheriff’s office, said Monday that the department has continued the use of restraint chairs throughout the ongoing litigation.