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Ninth Circuit Reinstates Prisoner’s Excessive Force Suit
Loaded on Jan. 31, 2018
published in Prison Legal News
February, 2018, page 42
On April 27, 2017, the Ninth Circuit Court of Appeals vacated a district court’s dismissal of a prisoner’s federal civil rights lawsuit alleging excessive use of force by a guard. The case had been dismissed for non-exhaustion of administrative remedies, but the appellate court held the failure of prison officials ...
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More from this issue:
- Ninth Circuit Blocks Deportation of ICE Detainee Who Received $125,000 for County Jail Rape, by Derek Gilna
- Oregon Juvenile Prisoners Denied Law Libraries, Legal Assistance; Claims Not Heck-Barred
- Report Critical of BOP’s Solitary Confinement Policy for Mentally Ill Prisoners, by Derek Gilna
- French Officials to Install Phones in 50,000 Prison Cells, by Monte McCoin
- Total Cost of Pretrial Detention Estimated at up to $140 Billion Annually
- $637,500 Settlement for Texas Jail Suicide
- California Jail Doctor Faces Medical Board Discipline for Negligent Care, by Monte McCoin
- North Carolina Brothers Settle Lawsuit Over 31 Years of Wrongful Imprisonment, by Matthew Clarke
- Prison Policy Initiative Report Addresses Jail Populations, by Derek Gilna
- California Billionaire Pushes States to Adopt “Marsy’s Law”, by Matthew Clarke
- Record Number of Florida Prisoners Died in 2016, 2017, by David Reutter
- Canada to Apologize, Pay $10.5 Million to Former Guantanamo Detainee, by Christopher Zoukis
- Prisoner Abuse at Parchman: Minimum Punishment and Impeded Investigations, by David Reutter
- Louisiana Prisons Present Immense Environmental Dangers, by Daniel Horowitz
- New York: Prison Disciplinary Witness Request Improperly Denied
- CoreCivic Prison in Tennessee Plagued with Problems, by David Reutter
- Texas: Federal Court Grants Injunction Against Discriminatory Money Bail System, by Derek Gilna
- Prisoner Suicides a Problem in Oklahoma, by Matthew Clarke
- New FAMM Report Offers Solutions for BOP Recidivism, by Derek Gilna
- Texas State Jail Guard Indicted for Leaking Video of Tear Gassing
- Ninth Circuit Reinstates Prisoner’s Excessive Force Suit
- $11.5 Million Awarded in Suits Over Wisconsin Jailer’s Sexual Assaults, by Matthew Clarke
- Ohio Experiences Continued Problems with Aramark, by Christopher Zoukis
- Poor and Mentally Ill Languish in Mississippi Jails for Months or Years Awaiting Indictments, by David Reutter
- Lawsuit Alleges Inadequate BOP Mental Health Treatment in SMU, by David Reutter
- Missouri Supreme Court: Restitution Must be for Losses “Due to” Crime of Conviction
- Stipulation to Admit Video Created Error When Video Was Excluded at Trial
- Class Certified in Lawsuit Alleging Flaws in Illinois’ Prison Healthcare System
- Co-pays Deter Prisoners from Accessing Medical Care, by Christopher Zoukis
- Pennsylvania: $20,000 Settlement for Prisoner’s ADA Claim
- Virginia: Undocumented Immigrant Receives $12,000 Settlement for Overdetention, by David Reutter
- $7.9 Million Award Against New York County and Medical Contractor in Jail Suicide Case
- Estimated 10.35 Million Prisoners Worldwide, Three Million in Pre-trial Detention, by Derek Gilna
- Clock is Ticking on Understaffing in Florida’s Prison System, by David Reutter
- Eighth Circuit Upholds $1.25 Million Jury Award for Missouri Prisoner’s Death, by Matthew Clarke
- Oregon County Pays $1.1 Million for Death of Detainee Mocked by Guards
- Indiana Jail’s Overdetention of Pretrial Detainees Erroneously Denied Class-action Status
- Lawsuits Challenge Treatment of Pregnant Prisoners at Milwaukee County Jail, by Matthew Clarke
- Ninth Circuit: Washington Civil Rights Suit Not Tolled by State Presentment Statute, by Lonnie Burton
- Arkansas Conducts Four Executions in One Week Due to Expiring Lethal Injection Drugs, by David Reutter
- Fifth Circuit Upholds Attorney’s 15-Year Sentence for Fake Bribery Scam
- TRO Requires Pennsylvania Jail to Provide Hormone Treatment
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- From the Editor, by Paul Wright
- Sexual Harassment Lawsuits, Settlements Rock Missouri Department of Corrections, by Derek Gilna
- News in Brief
- Prison Broke: The Missouri Department of Corrections Can’t Escape its Own Worst Habits, by Karen Dillon
More from these topics:
- Ninth Circuit Reverses Federal Prisoner’s Conviction for Assaulting Guards at California Prison, Dec. 15, 2024. Excessive Force, Failure to Protect (Staff), Resentencing.
- Pennsylvania Guards and Their Attorneys Spanked for Discovery Abuse in Prisoner’s Excessive-Force Suit, March 1, 2023. Excessive Force, Discovery.
- Ex-Felon “Dirtbags” Accused of Ordering Hit on Detainee at Florida Jail, But Questions Linger, March 1, 2023. Prisoner-Prisoner Assault, Excessive Force.
- $857,500 Paid by California County for Jail Detainee’s Death, While Cellmate Who Beat Him Is Now in State Prison, March 1, 2023. Excessive Force, Wrongful Death.
- “Join Me in Holding Your Nose” Federal Judge Reluctantly Okays $750,000 Settlement in Ohio Pre-Trial Detainee’s Excessive Force Suit, July 14, 2022. Excessive Force, Guard Brutality/Beatings.
- Teen Who Murdered Out of Jealousy Killed in Exercise Yard of Northern California Prison, March 7, 2022. Failure to Protect (General), Excessive Force, Juvenile Offenses/Offenders.
- Supreme Court Reverses Qualified Immunity Dismissal of Texas Prisoner’s Excessive Force Claim, Oct. 1, 2021. Excessive Force, Immunity - Absolute and Qualified.
- Federal Judge Rejects BOP’s Attempts to Keep Videos of Force-Feeding Prisoners at ADX Secret, Aug. 1, 2021. Hunger Strikes, Excessive Force, Access to Media, Freedom of Information Act (FOIA).
- NC Prisoner Survives Summary Judgment for Two Excessive Force Claims, June 1, 2021. Excessive Force, Summary Judgment.
- Multi-Agency Task Forces Manipulate Jurisdiction to Avoid Liability, Jan. 15, 2021. Excessive Force, Immunity/Liability, Appeals/Appellate Jurisdiction, Jurisdiction - Manufactured.