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Fifth Circuit Adopts Reactionary Standard in Excessive Force Claim
Loaded on Dec. 15, 1990
published in Prison Legal News
December, 1990, page 7
Fifth Circuit Adopts Reactionary Standard in Excessive Force Claims A state prisoner filed a civil rights complaint in federal court against two guards who assaulted him during a cell search. The convict received an elbow fracture during the struggle. The trial court dismissed the excessive force claim and the prisoner …
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More from this issue:
- Magistrate Recommends Continued Single Celling at Reformatory, by Ed Mead
- Demonstration Against Double Bunking at Twin Rivers Prison
- From the Editor, by Paul Wright
- Thinking About Women, by David Gilbert
- Chileans Still in Prison
- Sore Loser
- CBCC Legal Services Scam, by Paul Wright
- Could Sending People to Prison Actually Cause Crime?, by Ed Mead
- Prisoners' 1983 Suits, by JD Enquist
- U.S. House & Senate Pass Watered Down Version of Crime Bill
- Making Cons Work Without Pay Does Not Constitute Involuntary Servitude
- State Liable for Delay in Diagnosing and Treating Prisoner Injury
- Fifth Circuit Adopts Reactionary Standard in Excessive Force Claim
- Sixteen Executed During 1989
- Letters From Readers
- Parole Board Action Alert
More from these topics:
- Suit Filed Over Fatal Beating of New York Prisoner That Sparked Massive Guard Strike, Aug. 1, 2025. Guard Misconduct, Failure to Treat, Guard Brutality/Beatings, Restraints, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death).
- News in Brief, Aug. 1, 2025. Staff-Prisoner Assault, Private Prisons, Misconduct/Corruption, Guard Misconduct, Systemic Medical Neglect, Male Reproductive, Malpractice, Escapes, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Excessive Force (Wrongful Death), Juvenile Prisons, Bureau of Prisons (BOP), Bribery/Extortion/Theft.
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025. War on Terror, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Terrorism.
- $6.75 Million Settlement Reached in Suit Accusing Massachusetts Guards of Retaliatory Assaults on Prisoners, Aug. 1, 2025. Racial Discrimination, Retaliation, Guard Brutality/Beatings.
- Multiple Prisoner Suits Accuse Guards of Violence at Virginia BOP Lockup, Aug. 1, 2025. Racial Discrimination, False Charges (Disciplinary Hearings), Guard Brutality/Beatings, Restraints, Failure to Treat (Mental Illness), Discrimination (Transgender).
- SCOTUS Clamps Down on Bivens Extension to Prisoner Beaten by BOP Guards at Virginia Lockup, Aug. 1, 2025. Guard Brutality/Beatings, Restraints, Immunity - Absolute and Qualified, Bivens Actions.
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Guard Brutality/Beatings.
- $1.2 Million for New York Prisoner Waterboarded by Guards, Aug. 1, 2025. Staff-Prisoner Assault, Guard Brutality/Beatings, Exceptions.
- Third Circuit Upholds Award of $265,000 to Prisoner Who Was Sexually Assaulted Twice by the Same Guard, Aug. 1, 2025. Staff-Prisoner Assault, Guard Brutality/Beatings, Damages - Compensatory, Damages - Punitive.
- Delaware’s ACLU Files Action on Behalf Of Six Prisoners Assaulted During Midnight Raid, Aug. 1, 2025. Staff-Prisoner Assault, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints.