- Associated Press - Tuesday, April 30, 2019

DOVER, Del. (AP) - The Delaware attorney general’s office is appealing a federal judge’s refusal to rule in favor of a prison guard accused of using excessive force.

Tuesday’s appeal involves inmate Donald Parkell’s claim that Ronald Frederick emptied a can of pepper spray on him in 2015 after Parkell asked whether he had any legal mail. Frederick claimed Parkell was disobeying orders.

The judge last month refused to rule in Frederick’s favor, saying there was a question of whether force was applied appropriately to maintain discipline, or applied maliciously and sadistically.

Prison officials also argued that Parkell failed to exhaust his administrative remedies through the grievance process. The judge noted that they have not refuted Parkell’s claim that his paperwork, along with other property, was seized and destroyed after a 2017 prison riot.

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