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Seventh Circuit Retires “De Minimis” Standard for Use of Physical Force

Loaded on Sept. 15, 2013 published in Prison Legal News September, 2013, page 46
Filed under: Sexual Assault, Staff-Prisoner Assault, Pat Searches. Location: Wisconsin.
The Seventh Circuit Court of Appeals has reversed a district court’s application of a “de minimis harm” standard in dismissing a Wisconsin detainee’s claim that he was sexually groped.

In April 2008, James Washington, Jr. was a pretrial detainee at a Wisconsin jail when a guard, John P. Hively, allegedly ...

 

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  1. Prison Rape Elimination Act Standards Finally in Effect, but Will They be Effective?, by Alex Friedmann
  2. Prisoners Raped and Sexually Abused While PREA Standards Pending
  3. U.S. Supreme Court Denies Stay of California Prisoner Release Order
  4. From the Editor, by Paul Wright
  5. Employee Disciplinary Problems Persist at Houston Jails, by Matthew Clarke
  6. How Privatization Destroyed an Illinois Jail's Award-winning Suicide Prevention Program, by Brian Dolinar
  7. Missouri: Arrestees Billed for Cost of Police Tasers, by Christopher Zoukis
  8. High-Tech, High-Risk Forensics, by Osagie K. Obasogie
  9. The Americans with Disabilities Act and Prisoners, by Thomas Weiss
  10. Michigan County Sanctioned for Defrauding Federal Court in Prisoner Death Case, by David Reutter
  11. Solitary Confinement for Death Row Prisoners a Blot on U.S. Justice System, by Derek Gilna
  12. Oklahoma’s DNA Law Means Post-Conviction Testing Available in All 50 States, by Christopher Zoukis
  13. Habeas Hints: Actual Innocence, by Kent A. Russell
  14. Second Circuit Establishes Property Seizure Standards for Civilly Committed Persons
  15. 500 Escape from Abu Ghraib and Taji Prisons in Iraq, by Christopher Zoukis
  16. Illinois DOC’s Failure to Accommodate Disabled Prisoners States Rehabilitation Act Claim
  17. Seventh Circuit: Indiana Tolling Provision May Excuse Time-Barred Suit; Rule 12(b)(6) Dismissal Improper
  18. PLN Resolves Censorship Suit Against Oregon County Jail for $51,000 Plus Fees and Costs, by Alex Friedmann
  19. After Ten Years, FCC Votes for Prison Phone Reforms!, by David Ganim
  20. First Circuit: Rejection of Settlement Offer Does Not Justify Defendants’ Attorney Fee Award
  21. Pennsylvania: Parole Board May Expound on Court-ordered Probation Conditions
  22. Washington Community Custody, Sex Offender Registration and Release Conditions Modified
  23. Seventh Circuit Retires “De Minimis” Standard for Use of Physical Force
  24. New Mexico Prison Doctor Fingered in Lawsuits
  25. Minnesota: Remedies for Civil Commitments are Limited
  26. Qualified Immunity for NY Prison Officials who Failed to Award Parole Jail Time
  27. Wrongful Immigration Detention Suit Reinstated by Second Circuit, Dismissed on Remand, by Derek Gilna
  28. Ninth Circuit Requires Notice to Pro Se Prisoner Litigants for Motions to Dismiss for Failure to Exhaust
  29. California Supreme Court: Cutting Through Fences May Not Constitute Attempt to Escape
  30. Seventh Circuit Upholds CCA’s Victory in Indiana Jail Conditions Suit
  31. California: Victim’s Post-Death Economic Losses Not Subject to Mandatory Restitution
  32. Second Circuit: No Social Security Payments for Prisoners
  33. News in Brief

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