The inmate was accused of being improperly suppressed in the fourth degree and injured while being shackled. Judge: South Prison must pay state compensation.

A male inmate named Wu in Tainan Prison complained that at the end of April 2024, he was suppressed by prison administrators four times with improper force and was handcuffed and shackled, causing multiple injuries to his body. He filed a lawsuit against the state for compensation. The prison authorities accused Wu Nan of disrupting order first, disobeying discipline, and insulting and provoking the administrator. The administrator did not suppress or restrict Wu beyond what was necessary, nor did he intentionally harm Wu Nan. However, the Tainan District Court reviewed the prison surveillance video and determined that the prison's control exceeded the principle of proportionality, and ordered the Tainan Prison to pay more than 31,000 yuan in state compensation to Wu Nan.

Wu Nan, who is nearly 60 years old, claimed that on the morning of April 29, 2024, he was improperly suppressed to the ground and handcuffed by the administrator while the team was marching in front of the Health Department Building of the South Prison. He was also improperly shackled and was not provided with protective sheaths. He walked barefoot on the asphalt road to the dormitory; the administrator returned the shackles. They roared at him and beat him on the head and back, causing him to feel dizzy and bruised his back, knees, and ankles. He was inappropriately suppressed four times in the front and back, exceeding the necessary level and violating the principle of proportionality. It was actually punishment in the name of restraint equipment and violated his right to body and health. For this reason, he filed a state compensation lawsuit.

The South Prison stated that it was Wu Nan who had inappropriate words and deeds towards the administrator. When other administrators saw that Wu had a bad attitude and threatened to abuse the administrator, they suppressed Wu on the ground and handcuffed him. After that, Wu refused to cooperate and went to the central stage to be shackled, struggled and insulted the administrator. In order to prevent other inmates from being agitated, they suppressed Wu Nan again, put a wooden baton on Wu's arm, and took him to the central stage.

After Wu arrived at the Central Station, his attitude was still arrogant and emotionally unstable. In order to prevent Wu from being violently attacked, the administrator restrained and shackled him. During the process, he did not beat or kick him. The law enforcement actions were legal and did not exceed the necessary level. Moreover, the prosecutor also issued a non-prosecution against the administrator of the South Prison, so he should not be liable for state compensation.

The judge examined the monitors and camera images in the South Prison and the screenshots of the videos submitted by Wu Nan. Because some of the monitors did not have a recording function, there was no way to know that Wu Nan’s words and deeds were bad at the time. In addition, the monitor was far away from Wu Nan and others, and it was impossible to determine that Wu was emotionally agitated, swearing, struggling and uncooperative. It was difficult to recognize that the Nan Prison claimed that Wu Nan had reached the level of disrupting order and needed to be separated with a wooden baton.

The judge also learned from the CCTV monitor that the administrator had shackled Wu and said to Wu Xie, "Open your shackles. Let me hear the sound and you will die. Go away." At that time, Wu Nan was not seen abusing the administrator, but the administrator still said, "What are you doing, brutality supervisor, suppress, suppress." The administrator suppressed Wu Nan, who was handcuffed and shackled, to the ground for the fourth time.

The judge said that the hospital's medical records on that day showed that Wu's injuries were caused by the administrator's handling; the Department of Correction's review and the Supervisory Office also said the same, which showed that the administrator's control of Wu exceeded the necessary level. Nanjing Prison should bear the state compensation liability for Wu's injuries, including medical expenses and emotional comfort. A total of 31,550 yuan should be compensated. The case can be appealed.