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Denial of Summary Judgment for Prison Officials Affirmed in West Virginia Excessive Force Case
by Scott Grammer
Miguel Delgado, incarcerated at the Mount Olive Correctional Complex (MOCC), alleged in a civil rights complaint that MOCC Warden David Ballard had authorized policies and procedures that allowed guards to use force against prisoners in the segregation unit without any requirement that they first “make efforts to ...
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More from this issue:
- News in Brief
- Alaska Pays $400,000 to Settle Jail Prisoner’s Wrongful Death Suit, by Douglas Ankney
- Report: Summit Food Services Provides Inadequate Nutrition at Missouri Jail, by Kevin Bliss
- Maricopa County Pays $300,000 to Settle Lawsuit Over Arpaio-Era Prisoner Death, by Matthew Clarke
- Mississippi Prison Deaths Spike for Second Year; Disturbing Photos Revealed, by David M. Reutter, Matthew Clarke
- Illinois DOC Interferes with Prisoners’ College Program by Removing Books, by Edward Lyon
- Lawsuits Challenge Florida Law that Undermines Voting Rights Ballot Initiative, by David M. Reutter
- Third Circuit Affirms Refusal to Appoint Successive Counsel in Prisoner’s Civil Rights Case, by David M. Reutter
- Oregon Sheriff Places Own Head on the Chopping Block for Budget Cuts, by Kevin Bliss
- $2 Million Settlement in Lawsuit Over California Jail Prisoner’s Suicide, by Matthew Clarke
- California Court of Appeal Reverses Convictions for Possession of Marijuana in Prison, by Dale Chappell
- Second Circuit: Discharge Health Plan Part of In-Custody Mental Health Treatment When Pretrial Detainees Released, by Edward Lyon
- Oregon Supreme Court Reverses Course: Secretly Taping Prisoner’s Statements Does Not Violate Right to Counsel, by Mark Wilson
- Arizona DOC Publishes, Then Rescinds, Prison Tour Policy that Excluded Public Officials and Media, by Matthew Clarke
- Denver Tries to End Private Prison Companies’ Halfway House Contracts, by Matthew Clarke
- Lawsuit: Woman Gave Birth Alone in Colorado Jail Cell, by Kevin Bliss
- Connecticut Prison Writing Program Leads to Lawsuits, by David M. Reutter
- Third Circuit: Showers Part of Prison Operations for ADA and RA Purposes, by David M. Reutter
- Investigations into Texas Jail Deaths Find Thousands of Guards Untrained, on Temporary Licenses, by Matthew Clarke
- Former DOC Employee Awarded $300,000 in Workplace Sexual Harassment Case, by Matthew Clarke
- New York State Prisoner Wins Medical Malpractice Suit, Awarded $30,000, by Edward Lyon
- As Climate Changes, High Temperatures Plague Prisons and Jails, by Matthew Clarke
- Former Hawaii Prisoner’s Sexual Assault Lawsuit Settles for Paltry $10,000, by Edward Lyon
- The Sentencing Project Issues Report on Reducing Excessive Punishment for Violent Crimes, by Matthew Clarke
- California Federal Court Orders City to Pay $150,000 for Failure to Comply with Jail Settlement, by Chad Marks
- Fourth Circuit: Three Tasings in 70 Seconds May Constitute Excessive Force, by David M. Reutter
- California Prisoner Wins $365,000 Settlement for Assault by Jail Guards, by Scott Grammer
- Denial of Summary Judgment for Prison Officials Affirmed in West Virginia Excessive Force Case, by Scott Grammer
- Michigan Prisoner Prevails in First Amendment Retaliation Case; $30,000 in Damages and Attorney Fees, by David M. Reutter
- Cook County, Illinois to Pay $1.7 Million for Former Marine’s Suicide in Jail, by Douglas Ankney
- Court Grants Remittitur in Former Prison Teacher’s Sexual Harassment Case – Total Award of $6.4 Million Plus Fees, Costs, Interest, by Matthew Clarke
- Arizona Prisoner Receives $175,000 after Guards Read His Legal Mail, Shared it with FBI and Prosecutors, by Matthew Clarke
- Author John Grisham Pens Editorial Criticizing Death Penalty in North Carolina, by Scott Grammer
- Santa Clara County Jail Captain Accused of Misconduct, Retires, by Scott Grammer
- Family of California Prisoner Who Committed Suicide Settles Suit for $595,000, by Scott Grammer
- California County Settles Jail Death for $300,000, by Edward Lyon
- Alabama Jail Prisoner Accused of Conspiring to Get Pregnant, Claiming Rape, by Douglas Ankney
- Tenth Circuit Reverses Dismissal of New Mexico Prisoner’s First Amendment Claims, by Scott Grammer
- North Carolina Prisoners Sue Over Gang Violence, Obtain $62,500 Settlement
- Hepatitis C Treatment Ordered in North Carolina Prisons, by David M. Reutter
- $157,000 Settlement in Michigan DOC Employee Discrimination Case, by David M. Reutter
- Congressional Black Caucus Institute Accepts Donations from Private Prison Companies, by Matthew Clarke
- Exploiting Prisoners on Prime Time, by Edward Lyon
- Three Louisiana Prisoners Cleared in 1994 Rape of Another Prisoner, by David M. Reutter
- Veteran Oregon Jail Guard Indicted and Jailed, by Mark Wilson
- Federal Court Sanctions New Mexico Corrections Department Over Out-of-State Legal Mail, by Matthew Clarke
- Survey: Jail Population Down but Incarceration Rates Higher for Whites, Women, by Jayson Hawkins
- Why Our Movement Can’t Afford to Ignore Private Prison Corporations, by Caroline Isaacs
- Audit Finds Mississippi Private Prison Plagued by Violence, Run by Gangs, by Kevin Bliss
- Infamous Louisiana Sheriff on His Way Out, by David M. Reutter
- San Francisco to Cut Costs for Jail Phone Calls, Commissary Sales, by Edward Lyon
- Vermont Supreme Court Remands Prison Correspondence Claim, by Edward Lyon
- Class Certified in Lawsuit Challenging Missouri Parole Violation Procedures, by David M. Reutter
- From the Editor, by Paul Wright
- Mentally Ill Prisoners’ Suit Against GEO Group Survives Motion to Dismiss, by Douglas Ankney
- California Tried to Fix Its Prisons. Now County Jails Are More Deadly, by Ryan Gabrielson, Jason Pohl
More from Scott Grammer:
- Coalition Fights to Ensure Jailed Voters in Arizona Can Vote, May 1, 2020
- Public Relations Firm Terminates Contract With GEO Group, March 4, 2020
- Sacramento County Jail Settles Solitary Confinement Class Action Suit, March 4, 2020
- Senator Warren Has Plan To Ban Private Prison Contracts, March 4, 2020
- Seventh Circuit Upholds Prison Guard’s Rape Convictions, But County Not Liable, March 4, 2020
- Report Published on Louisiana’s Extensive Use Of Solitary Confinement, March 4, 2020
- Ministry Worker Banned from Mississippi Prisons After Asking About Plumbing Problems, Feb. 4, 2020
- Ohio Prisoner Killed by Cellmate Who Mistakenly Thought He Was a Child Molester, Feb. 4, 2020
- Corizon Settles EEOC Disability Discrimination Lawsuit for $950,000, Feb. 4, 2020
- Genesco CEO Denied Term on CoreCivic’s Board of Directors, but Board Refuses His Resignation, Jan. 8, 2020
More from these topics:
- Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial, July 1, 2024. Administrative Exhaustion (PLRA), Summary Judgment, Summary Judgment/Judgment N.O.V., Prison Litigation Reform Act (PLRA).
- Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement, Jan. 1, 2024. Failure to Protect (General), Fire Hazards, Administrative Exhaustion (PLRA), Summary Judgment, Evidentiary Ruling, Administrative Exhaustion.
- In Suit Over Moldy Cells Causing Fungal Infection, Illinois Warden Denied Summary Judgment Wins Anyway, Dec. 1, 2023. Respiratory, Ventilation, Sanitation, Summary Judgment, Expert Witnesses.
- No Summary Judgment for Private Transportation Company in Maryland Detainee’s Suit Alleging “Horrific” 2,000-Mile Journey, Sept. 15, 2023. Transport Companies, Transportation, Summary Judgment.
- 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.
- Nevada Muslim Prisoner Wins Suit Over Denial of Jumu’ah Prayer, Jan. 1, 2023. Summary Judgment, Settlements, Required Religious Programming.
- Sixth Circuit Affirms Summary Judgment for Wellpath in Kentucky Prisoner’s Suit Alleging Denial of Medical Care, Due to Lack of Expert Testimony, Aug. 25, 2022. Private Contractors, Summary Judgment, Opinions and Expert Testimony.
- “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.