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Fifth Circuit: Texas Jail Guard’s Use of Taser on Compliant Detainee Unconstitutional
by David M. Reutter
On July 24, 2023, the U.S. Court of Appeals for the Fifth Circuit concluded that “precedents conclusively establish that the use of a taser on a non-threatening and cooperative subject is an unconstitutionally excessive use of force.” The Court, therefore, reversed summary judgment for a Texas ...
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More from this issue:
- Commissary and Food Service Privatization Strands Florida Prisoners in ‘Food Desert’, by David Reutter
- From the Editor, by Paul Wright
- Virginia Settles Suit Over Prisoner’s Death from Untreated Hepatitis C for $700,000, by David Reutter
- Eleventh Circuit Refuses to Reimpose Death Sentence for Intellectually Disabled Alabama Prisoner
- Deaths and Lawsuits Mount at “Disgusting” Atlanta Jail
- Three L.A. Jail Gang Leaders Murdered
- Nine Guilty So Far in Sprawling California Aryan Brotherhood Case
- $3 Million Settlement for Illinois Pretrial Detainee’s Opioid Withdrawal Death, by David Reutter
- First Circuit Lets BOP Take Prisoner’s Entire $10,956.36 Trust Account Balance for Restitution, by Douglas Ankney
- BOP Evacuates Federal Prison in Florida After Possible Carbon Monoxide Poisoning
- $2.9 Million Paid by Maryland to Exonerated Former Prisoner
- Censoring Women’s Health, by Kwaneta Harris
- Second Circuit Says New York Prisons Must Answer for Denying Court-Ordered Rehab, by David Reutter
- South Carolina Pays $200,000 to Jail Detainees Exposed to Toxic Fumes, by Douglas Ankney
- In Suit Over Connecticut Prisoner’s Death, Attorney General Will No Longer Represent Guard Convicted of Assault
- Ninth Circuit Revives Challenge by Federal Prisoner in Arizona to BOP’s 300-Minute Monthly Phone Cap, by David Reutter
- No Data to Prove Whether $600-Million California Parole Effort Worked
- Maine Prison Official Charged with Theft and Bribery in Decade-Long Kickback Scheme
- Inmate Records Released from Closed Washington Psychiatric Lockup
- Ohio Prisoner Wins $2,000 Settlement for Guard Abuse Claims, Loses Appeal to Uncover Identity of Prison Officials Who Negotiated It, by Matthew Clarke
- First Prisoners Released Two Years After Illinois Passed Law to Revisit Excessive Sentences
- Writing on the Prison Wall: How Prisons Suppress Prison Journalism
- Resistance to Bail Reform Powered By Untruthful Scaremongering, by David Reutter
- Fifth Circuit Denies Qualified Immunity to Louisiana Prison Chief for Prolonging Prisoner’s Detention with Sex Offender Misclassification, by David Reutter
- Sixth Circuit Revives Suit by Pregnant Mentally Ill Michigan Detainee Allegedly Kicked in Her Womb by Jail Guard, Losing Baby
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, by Mark Wilson
- Rikers Island Guard Accidentally Records Himself Planting Shiv in Prisoner’s Cell
- Seventh Circuit Upholds Disciplinary Sanction Revoking Over 15 Years of Indiana Prisoner’s Good Time, by Douglas Ankney
- Record Temperatures in Southern Prisons Called Cruel and Unusual Punishment
- Fifth Circuit Says Both Texas Prisoner’s Dismissed Suit and His Lost Appeal Count as “Strikes”, by Douglas Ankney
- Restorative Justice Program Boosts South Carolina Prison and Public Safety, by David Reutter
- Fifth Circuit: Texas Jail Guard’s Use of Taser on Compliant Detainee Unconstitutional, by David Reutter
- Lawsuit Claims Kentucky Prison Officials Ignored Chaplain’s Sexual Abuse
- Tenth Circuit: No Qualified Immunity for Oklahoma Jail Guard Who Kneed Handcuffed Prisoner’s Face, by Matthew Clarke
- BOP Slammed for Prisoner Abuse in Now-Shuttered Segregation Unit at USP-Thomson in Illinois, by Douglas Ankney
- DOJ Concludes BOP Pretrial Detainees Need Improvements in Access to Attorneys, by Matthew Clarke
- Ohio Prisoner Has Now Collected $5,700 for Denied Public Records Requests
- Virginia Sheriff Indicted for Selling Auxiliary Deputy Sheriff Credentials, by Matthew Clarke
- Seventh Circuit Reinstates Claim of Illinois Prisoner Held 18 Months After Release for Refusing to Sign Incomplete Form, by Matthew Clarke
- Oklahoma Prisoner’s Conviction Tossed After Judge’s Affair With Prosecutor Uncovered, by Douglas Ankney
- Washington Fined Over $100 Million for Delays in Competency Evaluations and Restoration, by Douglas Ankney
- San Diego County Jail Accused of Letting Mentally Ill Detainee Starve to Death, by Matthew Clarke
- Seventh Circuit Finds Jail Guard May Be Liable for Delayed Response to Illinois Detainee’s Fatal Heart Attack, by Douglas Ankney
- Misconduct Shades Sexual Assault Suit As Hawaii Settles With Prisoners for $2 Million, by Douglas Ankney
- Subclass Certified and Settlement Proposed to Address ADA Violations at Long-Plagued San Diego County Jails, by Douglas Ankney
- Former Oklahoma Undersheriff Gets 22 Months In Prison for Beating Handcuffed Jail Detainee, by Douglas Ankney
- Third Circuit Revives Claim by Federal Prisoner in Pennsylvania that Delayed Cancer Treatment Cost Him a Testicle, by David Reutter
- Texas Looks to Find Prison Guards in High Schools
- Almost $950,000 Paid by Inmate Services Corp. for Hellish Prisoner Transports, by David Reutter
- Champion of Death Row Prisoners Accused of Spoiling Oklahoman’s Clemency
- Michigan Supreme Court: DOC Owes Attorney Fees in Public Records Case Even if Plaintiff Is Represented Pro Bono, by Matthew Clarke
- News in Brief
- Cash Bail Eliminated in Illinois, Reduced in Los Angeles County
- How “Big Capital” Learned to Love Mass Incarceration
More from David Reutter:
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- Details Vague on Spending from San Diego Jail Detainee Welfare Fund, Jan. 15, 2025. Food/Commissary (Private Prisons), Jail Misconduct, Seizure of Prisoner Funds, Commissary, Federal Funds.
- New York Court of Appeals (Lightly) Slaps State Prison Officials for Holding Sex Offenders Past Release, Dec. 15, 2024. Jail Misconduct, Overdetention, Post-release, ex-offender, re-entry.
- Federal Watchdog, SCOTUS Fail to Limit Solitary Confinement Abuses, Oct. 15, 2024. Jail Misconduct, Control Units/SHU/Solitary Confinement, Abuse of Discretion Standard.
- After Spike in Jail Deaths, Riverside County Sheriff’s Department Under California Department of Justice Investigation, Aug. 15, 2024. Jail Misconduct, Wrongful Death.
- Inspectors Catch L.A. Jailers Watching Porn, Aug. 15, 2024. Guard Misconduct, Jail Misconduct, Pornography/Pornography Laws, Discovery and Inspection.
- Alaska Supreme Court Revives Prisoner’s Claim for 11-Month Solitary Confinement That DOC Admitted Was Improper, Aug. 15, 2024. Guard Misconduct, DOC/BOP misconduct, Jail Misconduct, Control Units/SHU/Solitary Confinement, Prison Regulations.
- Mentally Ill Detainee Allegedly Tasered and Starved to Death At South Carolina Jail, July 1, 2024. Food, Stun Guns/Tasers, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Chemical Spraying of Mentally Ill Inmates.
- Seventh Circuit Finds No Problem With Surveillance of Chicago Detainees on Toilets, July 1, 2024. Jail Misconduct, Strip Searches, Electronic Surveillance.
- Arkansas Sheriff Grilled Over Hit Netflix Show Filmed at Jail, June 1, 2024. Jail Misconduct, Media.
- Georgia Prisoner’s Challenge to “Deplorable” Conditions Survives Motion to Dismiss, June 1, 2024. Plumbing, Sanitation, Vermin, Supervisory Liability, Control Units/SHU/Solitary Confinement.