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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:
- Ninth Circuit Reinstates Wheelchair-Bound Washington State Prisoner’s Suit Over Failure to Accommodate Disabilities During Transport, Feb. 1, 2026. Transportation, Excessive Force, Americans with Disabilities Act, Rehabilitation Act, Deliberate Indifference.
- Differing Judicial Outcomes for the New York Guards Who Killed Robert Brooks, Feb. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death), Pending Appeal/Sentencing.
- The New York Prison System’s Culture of Cruelty and Impunity, Feb. 1, 2026. Guard Misconduct, Racial Discrimination, Guard Brutality/Beatings, Restraints, Excessive Force (Wrongful Death).
- California’s Attorney General Is Suing Los Angeles County Jails Over “Inhumane Conditions”, Nov. 1, 2025. Jail Misconduct, Totality of Conditions, Food, Overcrowding, Exposure to Cold, Plumbing, Sewage, Sanitation, Hygiene Supplies, Vermin, Exposure to Heat, Guard Brutality/Beatings, Complaints, Consent Decrees, Failure to Treat (Mental Illness).
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- How Nepotism in New York Prisons Cost Prisoners Their Lives, Oct. 1, 2025. Staff-Prisoner Assault, Staffing, Guard Brutality/Beatings.
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- 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.
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