28 C.F.R. § 552.25
Use of less-than-lethal weapons, including chemical agents
(a) The Warden may authorize the use of less-than-lethal weapons, including those containing chemical agents, only when the situation is such that the inmate:
(1) Is armed and/or barricaded; or
(2) Cannot be approached without danger to self or others; and
(3) It is determined that a delay in bringing the situation under control would constitute a serious hazard to the inmate or others, or would result in a major disturbance or serious property damage.
(b) The Warden may delegate the authority under this regulation to one or more supervisors on duty and physically present, but not below the position of Lieutenant.
Notes of Decisions
Cited in 4
cases, 2018–2020 · leading case: David J. Widi v. United States et al., 2020 DNH 206 (D.N.H. 2020).
David J. Widi v. United States et al., 2020 DNH 206 (D.N.H. 2020). “See also 28 C.F.R. § 552.25 (corresponding regulation).”
Zachary Barian v. United States (9th Cir. 2018). “28 C.F.R. § 552.25 deals only with the conditions under which federal prison officials may intentionally apply chemical agents to inmates.”
Wilson v. Wilcox (D. Colo. 2020). “28 C.F.R. § 552.25 also provides that use of such force is permitted when the inmate “cannot be approached without danger to self or others.”
Widi, Jr. v. Fed. Bureau of Prisons (D.N.H. 2020). “See also 28 C.F.R. § 552.25 (corresponding regulation).”
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