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Contradictory Disciplinary Hearing Evidence Not Precluded From Use of Excessive Force Suit
Loaded on June 15, 2000
by Ronald Young
published in Prison Legal News
June, 2000, page 10
By Ronald Young
Filed under:
Disciplinary Litigation,
Excessive Force,
Shootings,
Evidentiary Ruling,
Estoppell,
Res Judicata.
Location:
California.
The U.S. district court for the East- ern District of California held that a prisoner was not precluded from introducing evidence contradicting factual findings of disciplinary proceeding instituted against prisoner as a result of incident.
Vincent Marquez, a California state prisoner, brought a 42 U.S.C. § 1983 ...
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More from this issue:
- The New Bedlam, by Willie Wisely
- From the Editor, by Paul Wright
- Riot at Private Prison
- Pro Se Tips and Tactics, by John Midgley
- Wisconsin Prisoners Rebel at Private Tennessee Prison
- My Statement in Response to the State
- Defiant Texas Death Row Activist Executed
- New York Prisoner Wins $50,000 In Failure To Treat Mental Illness Suit
- $59,177 in Damages and Fees Awarded in Georgia Braille Suit
- Contradictory Disciplinary Hearing Evidence Not Precluded From Use of Excessive Force Suit, by Ronald Young
- Retaliation Claim Requires Trial
- $15,000 Awarded to Ohio Prisoner Beaten by Guards
- Attica Suit Settled for $12 Million
- Attica Uprising Verdict Reversed
- Illinois Jail Guards Charged with Smuggling Gun
- Women in Prison: GAO Report, by Julia Lutsky
- Marijuana Law, 2nd Edition, by Allan Parmelee
- Federal Judge Hits BOP Mule with Two-by-Four
- Republican Political Prisoners in the North of Ireland, by David Fanning
- Prison Working Conditions Protected by Eighth Amendment
- Mark Cook Freed
- U.S. Supreme Court to Revisit Civil Commitment
- Illinois Phone Suit Dismissed
- West Virginia Prisoners Protest Visit/Phone Restrictions
- Former BOP Director Fingered in Sex Scandal
- Colorado Prison Population Exploding, by Bob Williams
- Four Texas Guards Nabbed in Bribery Sting
- $200,000 Awarded in Michigan Jail Wrongful Medication Suit
- New York Jail Guards Charged with Raping Prisoners
- Washington Restitution Orders Are Invalid After 10 Years
- Oregon Execution Viewing Rules Invalidated
- Exhaustion Not Required for Claims of Assault
- Prison Psychologist Pleads Guilty to Aiding Escape
- News in Brief
- U.S. Parole Commission Bound by Own Rules
More from Ronald Young:
- Private Prison Lobbying Group Founded, Jan. 15, 2002
- Ohio Eliminates Prison Oversight Committee; Reduces Prison Funding, Jan. 15, 2002
- Corrections Corporation of America Announces Closing of Youngstown Prison, Jan. 15, 2002
- Colorado ACLU Settles Restraint Board Suit, Jan. 15, 2002
- New Missouri Mega-Prison Mothballed, Dec. 15, 2001
- Texas Jury Awards $70,000 in Prison Stabbing, Dec. 15, 2001
- Arizona CCA Prison Found 'In Turmoil', Dec. 15, 2001
- Family of BOP Prisoner Awarded $1.1 Million in Wrongful Death Suit, Dec. 15, 2001
- Blind Ohio Prisoner Spends Months in Strip Cell, Nov. 15, 2001
- Mississippi Taxpayers Fund Welfare Payments to Private Prisons, Nov. 15, 2001
More from these topics:
- Beyond the City Limits: How Rural Sheriff’s Departments Are Driving the Spike in Police Killings, Aug. 1, 2025. Excessive Force, Shootings, Police--Excessive Force, Excessive Force (Police).
- News in Brief, July 1, 2025. Misconduct/Corruption, Pepper Spray/Tear Gas, Shootings, Dogs, Police--Excessive Force, Brady Violations, Home Search, Bribery/Extortion/Theft, Brady Rule violations, Perjury/Perjured Testimony.
- News in Brief, June 1, 2025. Staff-Prisoner Assault, Guard Misconduct, Excessive Force, Guard Brutality/Beatings, Ineffective Assistance of Counsel.
- SCOTUS Announces Rejection of ‘Moment-of-Threat Doctrine’ Because It Improperly Narrows Required ‘Totality of the Circumstances’ Analysis for Fourth Amendment Excessive-Force Claims, May 15, 2025. Shootings, Police--Excessive Force, Excessive Force (Police), Fourth Amendment, rights.
- ‘Sexome’ Bacteria Offers New Path to Justice in Sexual Assault Cases Where DNA Is Not Present, May 15, 2025. Evidentiary Ruling, Forensic Sciences, Evidence - Integrity/Reliability of.
- Wisconsin Prisoner Inhaled His Own Teeth in Fatal Beatdown, May 1, 2025. Excessive Force, Pretrial Detention and Detainees, Assault Weapons.
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025. Administrative Exhaustion (PLRA), Shootings.
- Federal Facial Recognition Technology Fails Again, Feb. 1, 2025. Computer Searches, Evidentiary Ruling, Forensic Sciences.
- Former Kentucky Sheriff Indicted for Murdering Judge in Chambers, Jan. 15, 2025. Shootings, Excessive Force (Police), Indictment/Information.
- Illinois Sheriff Resigns After Deputy Fatally Shoots 911 Caller, Jan. 15, 2025. Shootings, Anonymous 911 Call.