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Guard Violates Eighth Amendment by Brandishing Knife and Threatening Prisoner’s Life
by David M. Reutter
On June 26, 2020, the Sixth Circuit Court of Appeals ruled in a case in which “a prisoner states an Eighth Amendment claim by alleging that, without provocation, a prison official threatened the prisoner’s life on multiple occasions and took concrete steps, such as aggressively brandishing ...
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More from this issue:
- Milestone: Thirty Years of Prison Legal News and the Human Rights Defense Center, by Paul Wright
- Fifth Circuit Reinstates Lawsuit Over Texas Jail Prisoner’s Death, by Matthew Clarke
- From the Editor, by Paul Wright
- Denied Medical Care During Pandemic, New Jersey Prisoner Treats Infected Wound With Bleach, by Dale Chappell
- Ninth Circuit: No Summary Judgment for Prison Officials Who Allegedly Allowed Attack on Nevada Prisoner, by David Reutter
- Lives at Stake as Pennsylvania County De-privatizes Prison, by David Reutter
- Coronavirus: A Second Wave of Infection, by Michael D. Cohen, MD
- Eleventh Circuit Vacates COVID-19 Injunction Against Miami Jail, by David Reutter
- Former Sheriff Joe Arpaio Loses Another Arizona Republican Primary, by Matthew Clarke
- Nebraska Declares Overcrowding Emergency in State Prisons, by Kevin Bliss
- Fourth Circuit: Opening of Detainee’s Legal Mail Outside His Presence Violates Right to Free Speech, by David Reutter
- Federal Judge Rules Prisoners Eligible for $1,200 Stimulus Checks; Application Deadline Extended to Nov. 21 for Online Filing, by Derek Gilna
- California Prison Guards Keep Jobs After Aiding Attacks on Sex Offenders, by Jayson Hawkins
- Texas: Prison Air Conditioning Needs Revisiting, by Edward Lyon
- Efforts to Keep COVID-19 Out of Montana Prisons Fuels Outbreaks in County Jails, by Alex Sakariassen
- Denial of Recruitment of Counsel for Wisconsin Prisoner Affirmed by Seventh Circuit, by David Reutter
- DOJ Finds Frequent Use of Excessive Force in Alabama Prisons, by David Reutter
- Two-Thirds of Nevada Prisoners Confined in Arizona Private Prison Test Positive for COVID-19, by Mark Wilson
- Third Circuit: District Court Erred in Ruling Against Pennsylvania Prisoner’s Civil Rights Complaint, by David Reutter
- Washington Prisoner’s State Public Records Act Lawsuit Results in His Freedom and $111,194 Award, by Matthew Clarke
- New Jersey Guard Acquitted in Sex Scandal, by David Reutter
- North Carolina Temporarily Closes Three Prisons for Lack of Guards; Final One Reopens During COVID-19 Pandemic, by Edward Lyon
- $225,000 Windfall in Lehigh County, Pa. But Officials Don’t Cut Jail Phone Costs, by David Reutter
- Second Circuit Reverses Summary Dismissal of Connecticut Prisoner’s Failure-to-Protect Lawsuit, by Matthew Clarke
- Private Prison Industry Ramped Up Campaign Contributions, Favoring Republicans, by Derek Gilna
- Pennsylvania Prisoner Loses Part of Leg, Wins Appeal in Precedential Grievance Process Case, by David Reutter
- Florida Spent $1.7 Million, and Counting, to Impede Felon Voting Rights, by David Reutter
- Investment Firm Buys Corizon, by Matthew Clarke
- $1.25 Million Settlement Against Tennessee County Over Sheriff’s Violations of Labor Law, by Douglas Ankney
- Violence at New York City’s Rikers Island Jail Increasing Even as Population Falls, by Edward Lyon
- Ankle Monitor Shortage at Chicago Jail Put Prisoner Releases During COVID in Limbo, by David Reutter
- Failed Michigan Jail Site to Host Innovation Center, by David Reutter
- Report: Screening Failures Cited in COVID-19 Outbreak in California Prisons, by Kevin Bliss
- Second Circuit: Denial of Exercise Over Four Months Defeats Summary Judgment, by David Reutter
- Rikers Island Death Case Against City of New York Settles for $5.5 Million, by Derek Gilna
- Families of 4 Alabama Prisoners Who Committed Suicide File Federal Lawsuit Against Prison Officials, by Matthew Clarke
- ICE Detainees Pepper-Sprayed Over Hunger Strike, by Daniel A. Rosen
- Connecticut: Summary Judgment Denied in Deliberate Indifference Case Where Facial Lesion Turned Out To Be Skin Cancer, by Chad Marks
- Eleventh Circuit: Florida’s Treatment Plan for Hepatitis C-Positive Prisoners Constitutional, by David Reutter
- Sixth Circuit Reverses and Allows Ohio Prisoner’s Civil Rights Lawsuit to Proceed, by David Reutter
- Mental Health Crisis in California’s Lock-Ups Worsens With COVID-19, by Edward Lyon
- Fourth Circuit Orders Sealing of North Carolina Court’s Order to “Protect Defendant from Harm”, by David Reutter
- Native Americans Protest Theft of Alcatraz Island, by Edward Lyon
- Temporary Halt of Federal Prison Labor at National Parks, but New Policy Proposed To Resume It, by Jayson Hawkins
- $70,000 Settlement in Private Firm’s Failure to Treat Arizona Prisoner’s Broken Wrist, by David Reutter
- Guard Violates Eighth Amendment by Brandishing Knife and Threatening Prisoner’s Life, by David Reutter
- Seventh Circuit Dismisses Summary Judgment for Defendants in Illinois Prisoner’s Lawsuit Over Beating, Choking, by David Reutter
- HRDC Files Civil Rights Lawsuit Against Colorado Sheriff for Censorship of Prisoner Publications, by Derek Gilna
- Captain Accused of Abusing Mentally Ill Prisoners Cleared in Internal Investigation, by Kevin Bliss
- New York City BOP Prisoner Dies After Being Pepper-Sprayed, by Kevin Bliss
- Former Pennsylvania Prison All Solitary with Silence Mandatory, by Edward Lyon
- Alabama Executes Non-Shooter in Police Killings, by David Reutter
- Former Angola Warden Burl Cain Appointed Head of Mississippi Prison System, by Matthew Clarke
- News in Brief
- Massachusetts Jail Phone Cost Reductions Under Attack, by Edward Lyon
More from David Reutter:
- California Court of Appeal Explains Qualification for Mental Health Diversion Under Pen. Code § 1001.36, Rules Defendant Qualified for Pretrial Mental Health Diversion, July 15, 2024
- Alaska’s Prison System: Dangerous, Deadly Yet Repeating Past Mistakes, July 1, 2024
- Third Circuit Denies Qualified Immunity to Pennsylvania Jail Guards and PrimeCare in Detainee’s Overdose Death, July 1, 2024
- Ninth Circuit: Alleged Denial of Hepatitis C Treatment to Federal Prisoner in Washington Presents Valid Bivens Claim, July 1, 2024
- $15,000 Net Award for Georgia Prisoner’s Delayed Hep-C Treatment, July 1, 2024
- CoreCivic Sued by Former Detainee Stabbed at Shuttered Kansas Jail, July 1, 2024
- Seventh Circuit Finds No Problem With Surveillance of Chicago Detainees on Toilets, July 1, 2024
- Colorado Jail Guard Must Stand Trial for Opening Accused Sex Offender’s Cell, Subjecting Him to Assault, July 1, 2024
- Federal Sentencing Guidelines Place Heavy Burden on Incarcerated Victims of Sexual Assaults, July 1, 2024
- Pennsylvania Supreme Court Slows the Hand That State DOC Sticks Into Prisoners’ Pockets, July 1, 2024
More from these topics:
- Sixth Circuit Refuses Michigan Prisoner’s Excessive Force Claim Despite Guard’s Conviction for Battery, April 1, 2024. Jail Misconduct, Eighth Amendment, Guard Brutality/Beatings, State Law Claims, Immunity - Absolute and Qualified.
- Alabama DOC Proves Truly “Heartless”, Jan. 1, 2024. Prisoner-Prisoner Assault, Guard Misconduct, Threats by Staff, Parole Board Misconduct, Retaliation for Litigating, Retaliation for Media Contact, Retaliation for Organizing, Whistleblowing, Retaliatory Segregation, Prison/Jail Murders, Failure to Protect (General), Staffing, Wrongful Death, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death), Control Units/SHU/Solitary Confinement.
- Officials of Pennsylvania Guards Union Charged with Theft, Jan. 1, 2024. Threats by Staff, Corrections Audits, Guard Unions.
- 11th Circuit Tells Sexually Assaulted Transgender Georgia Prisoner: PREA Violations Aren’t Per Se Eighth Amendment Violations, Oct. 27, 2022. Sexual Assault, Eighth Amendment, Prison Rape Elimination Act, Discrimination (Transgender).
- Seventh Circuit Reiterates That Threats and Withholding Grievance Forms Render Administrative Remedies Unavailable to Prisoner, July 15, 2022. Retaliation for Filing Grievances, Failure to Protect (General), Eighth Amendment.
- Eighth Circuit Reinstates Arkansas Prisoner’s Claim Over DOC’s Failure to Maintain Hearing Aids, July 15, 2022. Correct Care Solutions, Hearing, Failure to Treat, Malpractice, Eighth Amendment, Americans with Disabilities Act.
- Tenth Circuit Says Parolee May Not be Forced to Participate in Religious Program Under Threat of Jail, May 1, 2022. Threats by Staff, Required Religious Programming, Conditions of.
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, April 1, 2022. Eighth Amendment, Americans with Disabilities Act, Rehabilitation Act.
- San Luis Obispo County Jail Conditions Violate Eighth and Fourteenth Amendments, Dec. 1, 2021. Private Contractors, Eighth Amendment, Fourteenth Amendment, rights.
- Indiana Supreme Court Applies Recently Announced Proportionality Framework for In Rem Fines and Holds Forfeiture of $35,000 Land Rover Grossly Disproportionate to Underlying Offense in Violation of Eighth Amendment, Ending 7-Year Saga, Sept. 15, 2021. Eighth Amendment, Seizure of Prisoner Funds.