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No Qualified Immunity for Pepper Spraying Alabama Prisoner; Case Settles After Remand
Loaded on July 15, 2009
by David Reutter
published in Prison Legal News
July, 2009, page 48
by David M. Reutter
Filed under:
Injury -- Misc.,
Ventilation,
Toilets,
Excessive Force,
Pepper Spray/Tear Gas,
Qualified Immunity.
Location:
Alabama.
The Eleventh Circuit Court of Appeals held that pepper spraying a prisoner, keeping him in a small cell for longer than necessary to gain his compliance, and not allowing him to decontaminate properly or receive medical care after being sprayed can constitute excessive force and deliberate ...
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More from this issue:
- Preserving the Rule of Law in America’s Jails and Prisons: The Case for Amending the Prison Litigation Reform Act, by Margo Schlanger
- From the Editor, by Paul Wright
- Ninth Circuit Flip-Flops: Denial of Washington Sex Offender’s Community Custody Release Held Unconstitutional, Then Constitutional, by Mark Wilson
- Texas Posthumously Exonerates Man Who Died in Prison, by Matthew Clarke
- $226,000 Workers’ Comp Settlement for Pennsylvania Guard Scarred by MRSA
- ADA Routinely Violated by Prisons in the case of Deaf Prisoners, by McCay Vernon, Ph.D.
- The Illusion of Immigrant Criminality: Getting the Numbers Wrong, by David L. Wilson
- Florida Guard Convicted of Assaulting Prisoner
- Supreme Court Holds Supervisory Officials Not Liable for Abuse of 9-11 Detainees, by Matthew Clarke
- $30,000 Settlement in Milwaukee Jail Death
- Former Oregon DOC Food Manager Abandons Wife to Federal Prosecution; Herding Sheep in Iran While on the Lam, by Mark Wilson
- UNICOR Robs Jobs from Private Sector; Prisoners Sue Over Working Conditions, by Brandon Sample
- Prisoner’s Right to Mail Announcement of Peaceful Demon-stration Trumps Purported Prison Security Claims, by Marvin Mentor
- University of Arizona Releases Report on Women Immigration Prisoners, by Matthew Clarke
- $500,000 Awarded to New York Prisoner Raped by Jail Guard; Vacated on Post-Trial Motion
- Habeas Hints: Traverse Motion Responses, by Kent A. Russell
- Sentencing Project Releases Report on Sentencing Policy and Practice, by Matthew Clarke
- Oregon Jail Guards Lose Access to Porn Sites, by Mark Wilson
- New Mexico Abolishes Death Penalty; Similar Efforts Fail in Other States, by David Reutter
- Arkansas Sends Toxic Tech Trash to UNICOR Recycling Program, by Matthew Clarke
- FBI Arrests Former Prisoner Indicted for Hacking Massachusetts Jail Computer
- $4.6 Million Settlements in Death of Quadriplegic D.C. Prisoner, by David Reutter
- Strip-Searched Iowa Bush Protesters Awarded Damages at Trial, Re-Trial, by Matthew Clarke
- Positive Correlation between Mental Illness and Prison Victimization, by Jimmy Franks
- Santa Cruz County, Arizona Pays $3 Million in Strip Search Suit, by Jimmy Franks
- $10,000 Verdict in Sexual Assault by Virginia Guard
- Report Says Unfinished Prison Project Is Single Greatest Iraq Reconstruction Failure, by Matthew Clarke
- Bureau of Justice Publishes Report on Sexual Misconduct at Juvenile Facilities
- Ohio Limits Electronic Monitoring to Only Those Who Can Pay
- Miami’s Sex Offender Bridge Encampment Continues to Grow, by David Reutter
- BOP Failed to Protect Female Prisoner Informant from Rape, Sexual Abuse by Guards, by Brandon Sample
- $3,200 Awarded to Indiana Jail Prisoner for Negligent Medical Care
- New York Prisoner Awarded $5,000 for Assault by Cellmate
- Postal Service Panics Over Sex Offender Participant in Christmas Program, by Matthew Clarke
- PLN Files Suit Against Los Angeles County for Failure to Comply with Public Records Act
- Survivor Manual, compiled and edited by Bonnie Kerness, illustrated by Todd Tarselli and other talented artists, 90 pgs., by Sundiata Acoli
- Causal Link Established by Prison Officials’ Failure to Protect Prisoner from Specific Threats
- $3.3 Million Settlement Fund Established in New Mexico Jail Strip Search Settlement
- California Jury Awards Deaf Prisoner $5,000 for Failure to Provide Interpreter; $193,582 in Fees Awarded by Court
- Former California DOC Worker Kept Confidential Prison Gang Files at Home
- Louisiana Private Prison Warden Arrested for Malfeasance
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- California: Waiver of Private Psychotherapist-Patient Privilege an Unreasonable Condition of Parole
- Oregon Teenage Girls Stage Brazen Escape Attempt
- $75,000 Settlement for Shutting Off Water in Seattle Jail Prisoner’s Cell
- $445,000 Settlement in Ohio Jail Prisoner’s Medical Death
- Pennsylvania County Sex Offender Residency Ordinance Voided
- State, Not County, Required to Pay Attorney Fees in Georgia Death Penalty Cases
- $9,000 Award for Hawaiian Prisoners Bitten By Dogs at Oklahoma CCA Prison
- Florida and Oregon Prison Employees Face Sex Charges
- Fifth Circuit Rules Texas Parole Law Not Ex Post Facto
- No Qualified Immunity for Pepper Spraying Alabama Prisoner; Case Settles After Remand, by David Reutter
- News in Brief:
- $1,800,000 Settlement in Michigan Jail Prisoner Suicide Case
More from David Reutter:
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- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
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- Ninth Circuit Reverses Federal Prisoner’s Conviction for Assaulting Guards at California Prison, Dec. 15, 2024. Excessive Force, Failure to Protect (Staff), Resentencing.
- Illinois Shutters Decrepit Prison, Dec. 15, 2024. Ventilation, Water, Hygiene Supplies, Lighting, Vermin, Rural Prisons, Class Actions.
- Third Circuit Affirms Qualified Immunity for Pennsylvania Guards Who Pepper-Sprayed Asthmatic Prisoner, Nov. 15, 2024. Guard Misconduct, Medical Experiments/Exploitation, Pepper Spray/Tear Gas, Qualified Immunity, Guards/Staff, Immunity - Absolute and Qualified.
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