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New York Prisoner Gets Mixed Verdict in Retaliatory Beating Ruling
Loaded on June 15, 2010
published in Prison Legal News
June, 2010, page 40
The Second Circuit Court of Appeals delivered a mixed verdict in an appeal by New York state prisoner Cesar A. Espinal. Espinal’s § 1983 suit, which was filed pro se, accused a total of 14 guards and other prison officials of the New York State Department of Correctional Services (DOCS) ...
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More from this issue:
- Secret Justice: Criminal Informants and America’s Underground Legal System, by Alexandra Natapoff
- New Details Regarding Race Riot at USP Florence, by Brandon Sample
- From the Editor, by Paul Wright
- Dozens of CIA “Ghost” Detainees Unaccounted For, by Matthew Clarke
- ACLU Report Applauds Michigan’s Efforts to Reduce Prison Population, by David Reutter
- Report on Prison Privatization Plagued with Political Connections, Conflicts of Interest, Faulty Data
- Habeas Hints: Certificate of Appealability, by Kent A. Russell
- $315,000 Settlement in Illegal Arizona Police Strip Search
- Salt Lake County Agrees to Pay $75,000 to Settle Jail Suicide Suit
- 50,000 Illinois Felons Released Without DNA Collection
- California Jail Detainee Attacked by Cellmate, Family Accepts $1.85 Million, by Michael Brodheim
- Book Review: Anne-Marie Cusac, Cruel and Unusual: The Culture of Punishment in America, 336 pp, Yale University Press, $27.50, by Amy Vanderwarker
- Georgia’s Privatized Probation System Traps the Poor, by David Reutter
- Judge Finds Unconstitutional Conditions at Massachusetts Jail, 11 Years After Suit is Filed, by Brandon Sample
- Ninth Circuit: California Lifers Have No Inherent U.S. Constitutional Right to Parole, by John Dannenberg
- Report Details Societal Effects of High School Dropout Rates – Including Incarceration, by David Reutter
- $1,500 Settlement for Wisconsin Prisoner’s Cold Cell Conditions Claim
- California: Budget Cuts Target Rehabilitation Programs, by Michael Brodheim
- Pennsylvania Judges Involved in Corruption Case Face Liability; 5,000 Convictions Thrown Out, by David Reutter
- $2,750 Settlement in California Prisoner’s Denial of Exercise Claim
- Montana State and County Officials May be Liable for Injuries Caused by Private Prisoner Transport Company
- NACDL Releases Report on U.S. Drug and Mental Health Courts, by Matthew Clarke
- PLN Prevails in Public Records Suit Against GEO Group, by Alex Friedmann
- Fifth Circuit: RLUIPA Does Not Create Individual Capacity Cause of Action
- Virginia Sheriff Sentenced to 19 Months on Corruption Charges
- Prison Psychologist Shoots Ex-Prisoner Boyfriend, Loses Her License
- Georgia Jail Settles PLN Censorship Suit, Pays $149,759.21 in Damages, Attorney Fees
- Oregon Prison Officials Treat Heart Failure with Antacid, Tylenol, Heat Pack, by Mark Wilson
- BOP Agrees to Pay $30,000 to Prisoner Assaulted by Guards
- New Jersey: Class-Action Status Granted in Suit Challenging Conditions of Confinement at Passaic County Jail, by Michael Brodheim
- Oregon Youth Authority Warden Gives Agency a Black Eye
- U.S. Attorney Nominees Involved in Hiding Court Records, by David Reutter
- $60,000 Settlement in New York Jail Captain’s Assault on Prisoner
- California: Furloughing Prison Employees Costing Taxpayers More, by Michael Brodheim
- Sixth Circuit: Shy Bladder Suit Returned to District Court
- Florida Prisoner Exonerated by DNA After Serving 35 Years, by David Reutter
- Being in Unauthorized Jail Area Without Escape Intent Not a Crime in Indiana
- Fourth Circuit Holds Individual Capacity Damage Claims Unavailable Under RLUIPA
- Ninth Circuit Holds Prosecutors Immune for Parole Recommendations, by Mark Wilson
- New York Prisoner Gets Mixed Verdict in Retaliatory Beating Ruling
- Ninth Circuit: Race-Based Prison Lockdowns Must Satisfy Strict-Scrutiny Standard
- Federal Circuit Rejects Prisoner’s Claim of Copyright Infringement
- DC Circuit Reverses CCA/TransCor Non-Exhaustion Dismissal
- Summary Judgment Reversed in Illinois Jail Suicide Suit
- California: Indefinite Civil Commitment of Sexually Violent Predators May Violate Equal Protection
- Reversal of Summary Judgment on 55-Day New York SHU Placement Claim
- Mental Health Specialist May be Liable in California Jail Detainee’s Suicide
- New York’s Catch-All Contraband and Anti-Smuggling Rules Unconstitutionally Vague
- No Liberty Interest Under Utah Parole Scheme
- No Qualified Immunity for Excessive Force at Ohio Jail
- Sixth Circuit: RLUIPA Does Not Permit Monetary Damages
- Ineffective Attempts to Protect Texas Prisoner Were Sufficient
- No Qualified Immunity for Denial of Protective Custody to Ohio Prisoner
- Illinois: Disabled Detainees’ Discrimination Claims May Proceed to Trial
- New York City Jail: $275,000 Settlement in Prisoner-on-Prisoner Assault
- California: Prison Appeals Coordinator Who Rejected Dental Complaints Held Liable for $1,500 in Damages
- News in Brief:
More from these topics:
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- Mayhem, Murder and Staff Misconduct at Brooklyn BOP Lockup, March 1, 2025. Cell Searches, Drug Testing, Prison/Jail Murders, Guard Brutality/Beatings, Cell Phone Access, Searches - Cellphones/Computers/Internet.
- $1.5 Million Settlement For In-Custody Injury by New York Police, March 1, 2025. Guard Brutality/Beatings, Settlements, Police/Govt Misconduct, Prison Brutality.
- 20 South Carolina Prisoners Sentenced So Far for Deadly 2018 Riot, Feb. 15, 2025. Retaliation, Prison Rebellion, Prison Gangs, Staffing, Cell Phone Access.
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025. Videotaping, Guard Brutality/Beatings, Restraints, Summary Judgment, Physical Injury/Restraint.
- Charges Dismissed Against Connecticut Guards Who Assaulted Prisoner, Feb. 15, 2025. Escapes, Guard Brutality/Beatings, Dismissal, Social Media, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025. Guard Misconduct, Prison Gangs, Failure to Protect (General), Guard Brutality/Beatings, Settlements.
- Former South Carolina Jailer Spared Prison After Testimony Fails to Convict Former Sheriff, Feb. 15, 2025. Guard Brutality/Beatings, U.S. Sentencing Guidelines, Sentences - Adjustments and Departures, Offense of Conviction.
- Historic $7 Million Settlement in Lawsuit Over Michigan Jail Prisoner’s Fatal Beating, Feb. 15, 2025. Guard Brutality/Beatings, Settlements.
- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025. Police Misconduct, Retaliation for Filing Grievances.