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Malicious Use of Force Violates Eighth Amendment

Loaded on Oct. 15, 2001 by John E Dannenberg published in Prison Legal News October, 2001, page 17
Filed under: Guard Brutality/Beatings, Restraints, Summary Judgment, Telephones, Attorney Calls. Location: Pennsylvania.
The Third Circuit held that in claims alleging the malicious use of force by prison guards the wantonness of the attack, rather than the degree of injury suffered, is the dispositive issue for courts reviewing such claims on summary judgment.

Pennsylvania state prisoner Alan Brooks filed suit claiming that prison ...

 

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More from this issue:

  1. America's Jails: The Dungeons of the New Millenium, by Sam Rutherford
  2. From the Editor, by Paul Wright
  3. The Connally Seven - A Texas Prison Escape and its Aftermath, by Roger Hummel
  4. Not Part of my Sentence: The Rape of Washington Prisoners, by Silja JA Talvi
  5. The Cost of Running Washington's Rape Camps, by Paul Wright
  6. Male Prisoner Settles Guard Rape Suit for $6,000
  7. Qualified Immunity Denied in Washington Rape of Transsexual Prisoner
  8. Jury Awards $5,000 to Beaten Texas Prisoner
  9. BOP Lieutenant Pleads Guilty to Brutality Charges, by Robert Durkee
  10. Malicious Use of Force Violates Eighth Amendment, by John E Dannenberg
  11. Damages in Denial of Exercise Suit Reversed
  12. Use of Restraint Chair Not Cruel and Unusual Punishment
  13. Chinese Company Convicted of Using Forced Prison Labor
  14. The Prison Payoff: The Role of Politics & Private Prisons in the Incarceration Boom
  15. PLN Wins Nevada Censorship Suit
  16. California State Prisoner's Handbook, by John E Dannenberg
  17. Sanction Excessive When It Excludes Medical Expert's Testimony
  18. Administrative Exhaustion Not Jurisdictional, by John E Dannenberg
  19. Federal Appellate Rule 4(a)(6) Trumps Civil Rule 60(b)
  20. Diabetic Prisoner's Deliberate Indifference Claim to Proceed to Trial
  21. Denial of Interest Does Not Violate Takings Clause
  22. Ohio ACLU Challenges Supermax
  23. The Prison Activist Resource Center: It's About Sharing Resources and Working Collectively, by Marti Hiken
  24. Sixth Circuit Upholds PLRA Attorneys' Fees Cap
  25. News in Brief

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