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Ninth Circuit: No Summary Judgment on Claim of Excessive Use of Pepper Spray
Loaded on Jan. 15, 2014
published in Prison Legal News
January, 2014, page 54
On January 17, 2013, the Ninth Circuit Court of Appeals reversed a grant of summary judgment in favor of California prison officials, concluding that the district court had failed to consider the evidence in the light most favorable to the prisoner plaintiff. Given the facts alleged, the appellate court held ...
Filed under:
Pepper Spray/Tear Gas,
Immunity/Liability,
Qualified Immunity,
Religious Diet.
Location:
California.
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More from this issue:
- American Apartheid: Why Scandinavian Prisons Are Superior, by Doran Larson
- Sweden’s Shrinking Prison Population, by Christopher Zoukis
- From the Editor, by Paul Wright
- Mangaung and Beyond: Private Prison Exemplifies South Africa’s Criminal Justice Woes, by James Kilgore
- Hidden Agenda Fuels Challenge to Pivotal Death Penalty Case, by David Protess
- Seventh Circuit: Lifetime Supervision in Pornography Case Set Aside, by Derek Gilna
- Pennsylvania Woman Jailed for Failure to Pay Parking Tickets
- Controversy, Litigation and Performance Problems Plague Private Probation Services, by David Reutter
- Task Force Linked to Harsh Sentencing Laws and Private Prison Firms Disbands Following Public Scrutiny, Boycott
- East Mississippi Prison Nightmare, by Christopher Zoukis
- Massachusetts Supreme Court: 90 Days in Segregation on Awaiting Action Status without Hearing Violates Due Process
- Washington Defendant Improperly Denied Transcript at State Expense
- Programs Proliferate for Incarcerated Veterans
- Arizona TV Reporter Blames Prisoners for Citizens’ Lack of Healthcare
- Study: Risk of Murder, Overdose and Suicide Higher for Recently Released Jail Prisoners in New York City
- California Parole Board Agrees to Implement Policy to Fix Terms at Lifers’ Initial Hearings, by John Dannenberg
- How Actions by Oklahoma Governor’s Staff Led to Weakened State Justice Reforms, by Clifton Adcock
- Failure to Protect New Jersey Jail Detainee Leads to Drastic Bail Reduction
- Top Texas Judge Breaks the Law but Gets Special Treatment
- New York Prisoner Awarded Almost $16 Million Due to Poor Medical Treatment, by Christopher Zoukis
- Director of Victims’ Rights Group Sent to Prison for Embezzlement
- Study Finds Prisoners Inappropriately Using Topical Antibiotics, by David Reutter
- Connecticut Guards File Grievances over Efforts to Stem Super Bowl Absenteeism
- PLN Challenges Postcard-only Policy at Florida Jail
- Shareholder Resolutions Seek to Lower Phone Rates at Private Prisons
- Unwanted Reprieve from Execution Upheld by Oregon Supreme Court, by Christopher Zoukis
- Massachusetts Supreme Court: Failure to Register Guilty Plea Vacated
- No Immunity for Detainee’s Death Due to Alcohol Withdrawal; $1.23 Million Settlement on Remand
- Tenth Circuit: FRAP 4(b) Clock Commences Upon Entry in Public Docket
- FCC Rate Caps on Prison Phone Calls to Impact Nevada DOC’s Budget, by David Ganim
- SC Supreme Court Reverses Furtick; No Liberty Interest in Opportunity to Earn Sentence-Reduction Credits
- Religious Diet Qualified Immunity Test Outlined by Seventh Circuit
- Multiple Convictions, Single Proceeding Triggers Alaska Lifetime Sex Offender Registration
- Oregon: Life Sentence for Murder Unconstitutional During Eight-Month Period in 1999
- Seventh Circuit Affirms Dismissal of Prisoner's Law Library Access Claim, by Derek Gilna
- Ninth Circuit: Budgetary Constraints May Excuse Deliberate Indifference to Prisoner’s Serious Medical Needs; En Banc Review Granted
- Tenth Circuit Orders Foreseeability Jury Determination for Detention by New Mexico DOC Employees
- Ninth Circuit: No Summary Judgment on Claim of Excessive Use of Pepper Spray
- Oregon: Jury Trials Required When Prosecutors Treat Misdemeanors as Violations
- Res Judicata Doesn't Bar Ohio Post-release Control Challenge
- Hawaii: Incarceration is Good Cause for Failure to Appear; Bail Forfeiture Set Aside
- News in Brief
More from these topics:
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024. Guard Misconduct, Failure to Treat, Jail Specific, Qualified Immunity, Medical Neglect/Malpractice, Immunity - Absolute and Qualified, Deliberate Indifference.
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024. Guard Misconduct, Seizures, Failure to Treat, Drug Overdose, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference.
- Ninth Circuit Says Federal Prisoner in California May Have Bivens Claim for Delays in Medical Care Allegedly to Cover Up Assault by BOP Guard, April 1, 2024. Retaliation for Filing Grievances, Failure to Protect (General), Guard Brutality/Beatings, Pepper Spray/Tear Gas, Dismissal, Medical Treatment/Expenses.
- California Prisons Locked Down After Massive Riot Hospitalizes Prisoner, Eight Guards, April 1, 2024. Overcrowding, Lockdowns, Pepper Spray/Tear Gas, Assaults on Staff.
- Eighth Circuit Affirms Qualified Immunity for Missouri Prison Chief in Sexual Abuse Claims Against Former Guard, April 1, 2024. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Immunity - Absolute and Qualified.
- Eighth Circuit Issues Primer on Informal Due Process Procedures to Missouri Prisoner, March 1, 2024. Retaliation for Filing Grievances, False Charges (Disciplinary Hearings), Qualified Immunity, Control Units/SHU/Solitary Confinement, Immunity - Absolute and Qualified, Inmate Disciplinary Hearings, Prison Disciplinary Proceedings.
- Fifth Circuit Denies Qualified Immunity to Louisiana Prison Chief for Prolonging Prisoner’s Detention with Sex Offender Misclassification, Feb. 1, 2024. Overdetention, Qualified Immunity, Supervisory Liability, Unlawful Detention, Sex Offender Classification.
- Tenth Circuit: No Qualified Immunity for Oklahoma Jail Guard Who Kneed Handcuffed Prisoner’s Face, Feb. 1, 2024. Jail Misconduct, Guard Brutality/Beatings, Restraints, Qualified Immunity.
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024. Staff-Prisoner Assault, Jail Misconduct, Strip Searches, Qualified Immunity, Immunity - Absolute and Qualified, Searches - Body/Strip, Immunity, Non-Consensual.
- BOP Slammed for Prisoner Abuse in Now-Shuttered Segregation Unit at USP-Thomson in Illinois, Feb. 1, 2024. Retaliation for Media Contact, Retaliation for Filing Grievances, Retaliatory Segregation, Failure to Protect (General), Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death), Control Units/SHU/Solitary Confinement, Bureau of Prisons (BOP).