Hawkins v. Comparet-Cassani

In Hawkins v. Comparet-Cassani the prisoner had a stun belt placed on him prior to sentencing proceeding and later activated. Hawkins brought a civil rights action against county, judge, sheriff, and other defendants. The court held that most of the plaintiff's causes of actions were bared for one reason or another. Plaintiff cited Filartiga, claiming that the actions of the defendant constitute torture.

Plaintiff claimed that torture is a violation of jus cogens norms. When dealing with jus cogens that courts will look at different sources of law including international law. 33 F.Supp.2d 1244, 1255. (1999 C.D. Cal.) The court held that the treaties put forward by the plaintiff were not self-executing treaties (Universal Declaration of Human Rights and the Declaration on the Protection of All Persons from Being Subjected to Torture) nor were they treaties but non-binding resolutions of the General Assembly. 33 F.Supp.2d 1244, 1257 (1999 C.D. Cal). The court was unwilling to go into detail regarding Filartiga.