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Third Circuit: Gratuitous Use of Force on Prisoner Negates Qualified Immunity Defense
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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More from this issue:
- Environmental Indifference, by Anthony Moffa
- From the Editor, by Paul Wright
- $15,379,091 Judgment Entered Against Delaware DOC’s Former Health Care Provider for Narcotics and Medicare Fraud, by Chuck Sharman
- Report Highlights Force Feeding of Hunger Striking Asylum Seekers by ICE and GEO, by Edward Lyon
- Fourth Circuit Holds CoreCivic Immigration Detainees in New Mexico Not “Employees” Under FLSA
- San Luis Obispo County Jail Conditions Violate Eighth and Fourteenth Amendments, by Keith Sanders
- Federal Jury Orders GEO Group to Pay $23 Million for Immigrant Detainee Slave Labor in Washington
- How Trump Made a Tiny Christian College the Nation’s Biggest Prison Educator, by Eli Hager
- BOP Trust Fund Accounts Reportedly Shield Prisoners from Payment Obligations, by Dale Chappell
- $53 Million Settlement in Los Angeles Jail Strip Search Lawsuit Approved, by David Reutter
- Disenfranchisement the Old Fashioned Way, by Jayson Hawkins
- Whistleblower Alleges Hawaii Prison Officials Provided False Audit Data, by Kevin Dayton
- HRDC Sues Lincoln County Wisconsin Jail over Censorship Practices
- Ninth Circuit: Pretrial Detainees Have Right to Direct-View Safety Checks, by David Reutter
- Federal Prisons’ Switch to Scanning Mail Is a Surveillance Nightmare, by Lauren Gill
- Eleventh Circuit: Preliminary Injunctions Have 90-Day Limit Under PLRA; Permanent Injunction Required to Extend Relief, by David Reutter
- Pennsylvania Supreme Court: Illegal Juvenile LWOP Sentence Undermined Validity of Later Conviction, by Douglas Ankney
- Eighth Circuit Rules District Court Must Use Federal Law for Admissibility of Expert Testimony, by Douglas Ankney
- Too Many In-Custody Deaths of BOP Prisoners are Unnecessary and Preventable, by Casey Bastian
- California Supreme Court: Prisoners Cannot Legally Possess Cannabis, by Casey Bastian
- Public Records Suit Filed Against Florida DOC To Obtain Formula Used To Compute Sentences
- History Professor Fired After Criticizing University’s Racist Past and Pro-Prison Present, by Keith Sanders
- Prison Visitors Have Fourth Amendment Right to Refuse Strip Search and Option to Leave Prison
- Unreliable Drug Tests Standard for Law Enforcement and Prisons, by Keith Sanders
- Massachusetts Prisons Pledge to End Solitary, by Jayson Hawkins
- Civilly Detained Sex Offender Plaintiff Proceeding In Forma Pauperis Not a Prisoner Under PLRA
- $405,794 Paid by California Prison System for Prisoner Killed by Aryan Brotherhood Cellmate
- Pennsylvania Supreme Court Upholds Sanctions and Award of $118,458 in Attorney Fees Against DOC for Withholding Documents Requested Under Right-to-Know Law
- Texas County Jail Cited for Neglecting the Needs of a Pregnant Prisoner, by Keith Sanders
- $170,000 Settlement and New Policy on Gender Identity from Lawsuit Against New Jersey DOC, by Jayson Hawkins
- Salvation Army Sued for a Failing to Pay Wages to Drug Program Participants
- Sherburne County, MN, Settles with HRDC for $98,000 Plus New Jail Publications Policy, by Chuck Sharman
- New Jersey Women’s Prison to Close After Latest Abuse Debacle, by Jayson Hawkins
- Eighth Circuit Holds Arkansas Jailers Entitled to Qualified Immunity in Prisoners’ Suit Over Black Mold in Showers, Lack of Cleaning Supplies, by Matthew Clarke
- ABA’s Private Prisons Prophecy Comes to Pass, by Edward Lyon
- Michigan Prisoner’s Corizon Suit Dismissed Due to “Morass of Irrelevancies”, by David Reutter
- Seven Ohio Guards Fired After Killing Prisoner, No Criminal Charges
- Third Circuit: Gratuitous Use of Force on Prisoner Negates Qualified Immunity Defense, by David Reutter
- Delaware Mother Jailed for Not Paying $177 in Fines, Dies in Custody, Nurse Convicted, by Jayson Hawkins
- Forty-One Oregon Prisoner Firefighters have Sentences Commuted
- News in Brief
More from David Reutter:
- California Court of Appeal: In SB 483, Legislature Intended to Prohibit Prosecution Withdrawing Plea Agreement for Any Sentence Reduction in § 1172.75 Resentencing Hearing, Even Reductions Based on Code Provisions Not Enacted by SB 483—Deepening Split in, Sept. 1, 2024
- BOP is Holding 12,000 Prisoners in Solitary Confinement, Aug. 15, 2024
- Florida Court Strikes $10 Million of $16 Million Judgment Against Armor Correctional Health in Jail Death, Aug. 15, 2024
- Settlements Total $3.85 Million for Nevada Prisoners Hit with Birdshot, Aug. 15, 2024
- $11 Million Settlement for Exonerated Michigan Prisoner, Aug. 15, 2024
- Condemned Alabama Prisoner Challenges Execution by Nitrogen Hypoxia, Aug. 15, 2024
- Bar Complaint Revives 10-Year-Old Question: Why No Charges Filed Against Florida Guards Who Killed Prisoner?, Aug. 15, 2024
- Kansas Supreme Court Severs ‘Noisy Conduct’ Law as Unconstitutionally Overbroad, Aug. 1, 2024
- Tenth Circuit: Counsel Advising Black Defendant No Minorities Would Be on Jury Is Material Misrepresentation About Right to Impartial Jury Rendering Guilty Plea Unknowing and Involuntary, Aug. 1, 2024
- 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
More from these topics:
- 46 New York Prisoners Accuse Guards of Beatings—Even Waterboarding, Aug. 15, 2024. Guard Misconduct, Guard Brutality/Beatings.
- Prisoner Admissions Soar at Massachusetts Psychiatric Lockup Plagued by Overcrowding and Violence, Aug. 15, 2024. Overcrowding, Guard Brutality/Beatings, Failure to Treat (Mental Illness).
- “Too brutal, too disgusting”: Prison Guards Flee as Working Conditions Worsen, Aug. 15, 2024. Failure to Protect (General), Overcrowding, Guard Brutality/Beatings, Guards/Staff, Assaults on Staff.
- Georgia Guard Fired, Charged With Setting Up Assault that Left Prisoner Dead, Aug. 15, 2024. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- Missouri Warden, Four Guards Out After Prisoner’s Fatal Beating, Aug. 15, 2024. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- “You Just Broke My Neck”: Ohio Detainee Sues Jail Where Guards Are Accused of Multiple Assaults, July 1, 2024. Guard Brutality/Beatings.
- Third Circuit Denies Qualified Immunity to Pennsylvania Jail Guards and PrimeCare in Detainee’s Overdose Death, July 1, 2024. Primecare Medical, Drug Overdose, Qualified Immunity, Medical Neglect/Malpractice.
- Missouri Muslim Prisoners Advance Suit Against Guards For Assault During Prayer, July 1, 2024. Religious Discrimination, Guard Brutality/Beatings, Pepper Spray/Tear Gas.
- Four BOP Guards Sentenced for Three Federal Prisoner Assaults at Kentucky Lockup, July 1, 2024. Guard Misconduct, Guard Brutality/Beatings.
- For Beating Handcuffed Prisoners, Former Alabama Guard Supervisor Gets 87 Months, July 1, 2024. Guard Misconduct, Guard Brutality/Beatings.