×
You've used up your 3 free articles for this month. Subscribe today.
Tenth Circuit: No Qualified Immunity for Oklahoma Jail Guard Who Kneed Handcuffed Prisoner’s Face
Loaded on Feb. 1, 2024
by Matthew Clarke
published in Prison Legal News
February, 2024, page 42
Filed under:
Jail Misconduct,
Guard Brutality/Beatings,
Restraints,
Qualified Immunity.
Location:
Oklahoma.
by Matt Clarke
On July 11, 2023, the U.S. Court of Appeals for the Tenth Circuit affirmed denial of qualified immunity (QI) to an Oklahoma jail guard because a reasonable jury could find that kneeing a handcuffed pretrial detainee’s face “sufficed to show a legal violation.”
Jesse Wise had been ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
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- In Suit Over Connecticut Prisoner’s Death, Attorney General Will No Longer Represent Guard Convicted of Assault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 Matthew Clarke:
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025
- Sixth Circuit Upholds $6.4 Million Jury Award Against Corizon Nurses For Michigan Jail Prisoner’s Fatal Alcohol Withdrawal, March 1, 2025
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025
- Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges, Feb. 15, 2025
- Among World Nations, Individual U.S. States Near Top of List for Per Capita Incarceration, Feb. 15, 2025
- DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees, Feb. 15, 2025
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025
- Historic $7 Million Settlement in Lawsuit Over Michigan Jail Prisoner’s Fatal Beating, Feb. 15, 2025
- Suits Filed Over Dehydration Deaths at Two Texas Jails, Jan. 15, 2025
More from these topics:
- Houston Police Fire Former Jail Guard Filmed Brutalizing Detainees, Charges Against Three Other Guards Dropped, March 1, 2025. Videotaping, Guard Brutality/Beatings, Relevant Conduct.
- Mayhem, Murder and Staff Misconduct at Brooklyn BOP Lockup, March 1, 2025. Cell Searches, Drug Testing, Prison/Jail Murders, Guard Brutality/Beatings, Cell Phone Access, Searches - Cellphones/Computers/Internet.
- $1.5 Million Settlement For In-Custody Injury by New York Police, March 1, 2025. Guard Brutality/Beatings, Settlements, Police/Govt Misconduct, Prison Brutality.
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025. Videotaping, Guard Brutality/Beatings, Restraints, Summary Judgment, Physical Injury/Restraint.
- Charges Dismissed Against Connecticut Guards Who Assaulted Prisoner, Feb. 15, 2025. Escapes, Guard Brutality/Beatings, Dismissal, Social Media, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025. Guard Misconduct, Prison Gangs, Failure to Protect (General), Guard Brutality/Beatings, Settlements.
- Former South Carolina Jailer Spared Prison After Testimony Fails to Convict Former Sheriff, Feb. 15, 2025. Guard Brutality/Beatings, U.S. Sentencing Guidelines, Sentences - Adjustments and Departures, Offense of Conviction.
- Historic $7 Million Settlement in Lawsuit Over Michigan Jail Prisoner’s Fatal Beating, Feb. 15, 2025. Guard Brutality/Beatings, Settlements.
- Lawsuit Over Death or Severe Injury of 29 Houston Jail Detainees Survives Motion to Dismiss, Jan. 15, 2025. Guard Brutality/Beatings, Wrongful Death, Excessive Force (Police).
- Pennsylvania Jail Guards Accused of Ripping Surgical Pin from Detainee’s Shoulder, Jan. 15, 2025. Malpractice, Guard Brutality/Beatings.