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Third Circuit: Gratuitous Use of Force on Prisoner Negates Qualified Immunity Defense

Loaded on Dec. 1, 2021 by David Reutter published in Prison Legal News December, 2021, page 60
Filed under: Guard Brutality/Beatings, Qualified Immunity. Location: New Jersey.

by David M. Reutter

The Third Circuit Court of Appeals reversed the grant of summary judgment in a lawsuit against a guard at New Jersey’s Cumberland County Jail (CCJ). The Court held the guard was not entitled to qualified immunity because it was clearly established at the time of the ...

 

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  1. Environmental Indifference, by Anthony Moffa
  2. From the Editor, by Paul Wright
  3. $15,379,091 Judgment Entered Against Delaware DOC’s Former Health Care Provider for Narcotics and Medicare Fraud, by Chuck Sharman
  4. Report Highlights Force Feeding of Hunger Striking Asylum Seekers by ICE and GEO, by Edward Lyon
  5. Fourth Circuit Holds CoreCivic Immigration Detainees in New Mexico Not “Employees” Under FLSA
  6. San Luis Obispo County Jail Conditions Violate Eighth and Fourteenth Amendments, by Keith Sanders
  7. Federal Jury Orders GEO Group to Pay $23 Million for Immigrant Detainee Slave Labor in Washington
  8. How Trump Made a Tiny Christian College the Nation’s Biggest Prison Educator, by Eli Hager
  9. BOP Trust Fund Accounts Reportedly Shield Prisoners from Payment Obligations, by Dale Chappell
  10. $53 Million Settlement in Los Angeles Jail Strip Search Lawsuit Approved, by David Reutter
  11. Disenfranchisement the Old Fashioned Way, by Jayson Hawkins
  12. Whistleblower Alleges Hawaii Prison Officials Provided False Audit Data, by Kevin Dayton
  13. HRDC Sues Lincoln County Wisconsin Jail over Censorship Practices
  14. Ninth Circuit: Pretrial Detainees Have Right to Direct-View Safety Checks, by David Reutter
  15. Federal Prisons’ Switch to Scanning Mail Is a Surveillance Nightmare, by Lauren Gill
  16. Eleventh Circuit: Preliminary Injunctions Have 90-Day Limit Under PLRA; Permanent Injunction Required to Extend Relief, by David Reutter
  17. Pennsylvania Supreme Court: Illegal Juvenile LWOP Sentence Undermined Validity of Later Conviction, by Douglas Ankney
  18. Eighth Circuit Rules District Court Must Use Federal Law for Admissibility of Expert Testimony, by Douglas Ankney
  19. Too Many In-Custody Deaths of BOP Prisoners are Unnecessary and Preventable, by Casey Bastian
  20. California Supreme Court: Prisoners Cannot Legally Possess Cannabis, by Casey Bastian
  21. Public Records Suit Filed Against Florida DOC To Obtain Formula Used To Compute Sentences
  22. History Professor Fired After Criticizing University’s Racist Past and Pro-Prison Present, by Keith Sanders
  23. Prison Visitors Have Fourth Amendment Right to Refuse Strip Search and Option to Leave Prison
  24. Unreliable Drug Tests Standard for Law Enforcement and Prisons, by Keith Sanders
  25. Massachusetts Prisons Pledge to End Solitary, by Jayson Hawkins
  26. Civilly Detained Sex Offender Plaintiff Proceeding In Forma Pauperis Not a Prisoner Under PLRA
  27. $405,794 Paid by California Prison System for Prisoner Killed by Aryan Brotherhood Cellmate
  28. Pennsylvania Supreme Court Upholds Sanctions and Award of $118,458 in Attorney Fees Against DOC for Withholding Documents Requested Under Right-to-Know Law
  29. Texas County Jail Cited for Neglecting the Needs of a Pregnant Prisoner, by Keith Sanders
  30. $170,000 Settlement and New Policy on Gender Identity from Lawsuit Against New Jersey DOC, by Jayson Hawkins
  31. Salvation Army Sued for a Failing to Pay Wages to Drug Program Participants
  32. Sherburne County, MN, Settles with HRDC for $98,000 Plus New Jail Publications Policy, by Chuck Sharman
  33. New Jersey Women’s Prison to Close After Latest Abuse Debacle, by Jayson Hawkins
  34. Eighth Circuit Holds Arkansas Jailers Entitled to Qualified Immunity in Prisoners’ Suit Over Black Mold in Showers, Lack of Cleaning Supplies, by Matthew Clarke
  35. ABA’s Private Prisons Prophecy Comes to Pass, by Edward Lyon
  36. Michigan Prisoner’s Corizon Suit Dismissed Due to “Morass of Irrelevancies”, by David Reutter
  37. Seven Ohio Guards Fired After Killing Prisoner, No Criminal Charges
  38. Third Circuit: Gratuitous Use of Force on Prisoner Negates Qualified Immunity Defense, by David Reutter
  39. Delaware Mother Jailed for Not Paying $177 in Fines, Dies in Custody, Nurse Convicted, by Jayson Hawkins
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  41. News in Brief

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