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Eleventh Circuit Says Florida Prisoner Alleging Sexual Assault by Guard Need Not Also Prove Excessive Force and Malicious Intent

Loaded on June 1, 2022 by David Reutter published in Prison Legal News June, 2022, page 18
Filed under: Staff-Prisoner Assault, Guard Brutality/Beatings, Motive/Opportunity/Intent/Identity Evidence. Location: Florida.

by David M. Reutter

The U.S. Court of Appeals for the Eleventh Circuit has decided that when a prisoner alleges sexual assault by a prison official, the only fact he needs to prove is whether the sexual assault occurred and not that it was also carried out with excessive force ...

 

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  1. Locked Up and Left to Die, by Sophie Novack,, Michael Barajas
  2. After 49 Years in Prison for a Murder in Which He Didn’t Pull the Trigger, Former Black Liberation Army Member Sundiata Acoli Wins Parole, by Chuck Sharman
  3. Fifth Circuit Reinstates Louisiana Prisoner’s Excessive-Force Claim Despite Prison Disciplinary Conviction Issued for the Same Incident, by Matthew Clarke
  4. From the Editor, by Paul Wright
  5. Fifth Circuit Reinstates Louisiana Prisoner’s Suit Dismissed on Heck Grounds, Holds Related Disciplinary Convictions Don’t Absolutely Bar Excessive Force Claims, by Matthew Clarke
  6. Securus Rolls Out “Free” E-tablets to Texas Prisoners, by Edward Lyon
  7. Oregon Federal Court Issues Groundbreaking, Model COVID-19 Damage Class & Wrongful Death Class Certification, by Mark Wilson
  8. Eleventh Circuit Says Florida Prisoner Alleging Sexual Assault by Guard Need Not Also Prove Excessive Force and Malicious Intent, by David Reutter
  9. Washington Pays $3.25 Million for Negligent Medical Care Causing Preventable Prisoner Death, by Mark Wilson
  10. DOJ Secures Settlement With South Carolina Department of Juvenile Justice at Detention Center Where Staff Hogtied and Bit Kids, by Brooke Kaufman
  11. Healthcare Audit in Utah Prisons Reveals “Inadequate Service” and “Systemic Deficiencies” After 18 Prisoner Deaths During Pandemic, by Benjamin Tschirhart
  12. Ninth Circuit Holds California Prison Officials Entitled to Legislative Immunity When Promulgating Rules, by David Reutter
  13. After Paying $500,000 to Consultant Outed for Corruption Ties, Iowa DOC Accused of Allowing “Corporate Dodge”, by Jacob Barrett
  14. $12.5 Million Settlement Over Invasive Strip and Body Cavity Searches of NYC Jail Visitors, by Matthew Clarke
  15. Maine Center for Public Interest Reporting Uncovers Almost 1,000 Privileged Calls Recorded in Four County Jails, Sues York County for Denying Public Records Request, by Keith Sanders
  16. BOP Prisoners on Extended Home Confinement Not Headed Back to Prison When COVID-19 Emergency Ends, by Casey Bastian
  17. $500,001 Settlement Against Guard Who Groped Delaware Prisoner With Long History of Lost Cases, by Keith Sanders
  18. Kansas Appeals Court Vacates Prison Dentist’s Conviction for Sexually Abusing Prisoner, Says Touching Wasn’t “Lewd”, by Mark Wilson
  19. The Catalog of Carceral Surveillance: Mobile Correctional Facility Robots, by Beryl Lipton, Cooper Quintin
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  24. Kentucky Supreme Court Rules ‘Incarceration Fees’ May Not Be Collected After Charges Are Dismissed, by Casey Bastian
  25. Seventh Circuit Reinstates Suit of Epileptic Illinois Prisoner Who Suffered Seizure and Fell From Top Bunk, by Edward Lyon
  26. $250,000 Paid to Woman Forced to Give Birth in California Jail Cell by Guards and CFMG Nurses, by Ashleigh Dye
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  42. Sixth Circuit Revives Tennessee Detainee’s Suit, Holds Lower Court Not Required to Retain Jurisdiction of State Law Claims After Dismissing Federal Claims, by Matthew Clarke
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  47. News in Brief

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