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Guards Liable for Harassing Searches of Cell
Loaded on Dec. 15, 1991
published in Prison Legal News
December, 1991, page 7
Guards Liable For Harassing Searches Of Cell
Filed under:
Retaliation,
Retaliatory Searches,
Cell Searches,
Eighth Amendment.
Location:
Missouri.
Although searches of a prisoners' cell do not violate the fourth amendment, they can be "punishment" under the eighth amendment. Searches of a prisoner's cell conducted in order to harass the prisoner in retaliation for exposing the misconduct of a guard constitute "punishment" …
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More from this issue:
- Monroe's Struggle Against Double Celling, by Ed Mead
- Court Supports Supervisory Liability Claim
- Written Findings of Disciplinary Hearing Held Inadequate
- Prisoners May Not Be Subjected to Freezing Temperatures
- Executions Report Issued
- Prison Law Libraries Must Keep All Books Current
- The Criminalization of Poverty, by Sabina Virgo
- From The Editor, by Paul Wright
- New York Prisons Profiled
- Oklahoma Must Provide Adequate Funds for Its Public Defenders
- Consent Decree Creates a Liberty Interest
- Prison Guards May Not Be Fired for Testifying on Prisoner's behalf
- Guards Liable for Harassing Searches of Cell
- Prison Tobacco Sales Are Not Punishment
- No Liberty Interest in Prison Jobs
- Civil Commitment, by Carrie Roth
- Evidence Must Be Presented at Disciplinary Hearing
- Letters From Readers
More from these topics:
- Eleventh Circuit Upholds Most of Relief Ordered in Class-Action Lawsuit Challenging Unconstitutionally Inadequate Mental Health Care in Alabama Prisons, Oct. 1, 2026. Eighth Amendment, Staffing, Injunctions (PLRA), Failure to Treat (Mental Illness), Suicides.
- Ninth Circuit Rules Favorably for Washington Prisoner Whose Writing Submission Was Censored, Oct. 1, 2026. Retaliation, Qualified Immunity, Mail Regulations, Censorship, First Amendment, rights.
- Second Circuit Rules Eighth Amendment Governs Claims of Excessive Force Brought by Parole Violator, Oct. 1, 2026. Eighth Amendment, Excessive Force, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Probation, Parole & Supervised Release.
- Eleventh Circuit Affirms Refusal to Expand Bivens to Claim Alleging Federal Prisoner Died from Denial of Treatment for Hepatitis C, Oct. 1, 2026. Medical, Eighth Amendment, Administrative Exhaustion, Civil Rights Actions or Offenses/Bivens Actions, Deliberate Indifference.
- “Nothing Short of Disgraceful”: New York Prisoner Wins Injunction Ordering Cancer Treatment Delayed Seven Years, Sept. 1, 2026. Cancer, Failure to Treat, Eighth Amendment, Injunctions, Deliberate Indifference.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.
- Nevada Prisons Are Facing a Medical Crisis Due to Understaffing, Aug. 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Staffing, Medical Neglect/Malpractice.
- Oregon Reaches $49 Million Settlement with State Prisoners in COVID-19 Class-Action, Aug. 1, 2026. COVID-19, Eighth Amendment, Settlements, Class Certification, Qualified Immunity.
- Eighth Circuit Revives § 1983 Complaint Alleging Jail Detainees’ Death from Stroke was Due to Deliberate Indifference and Failure to Train, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Failure to Train/Supervise, Deliberate Indifference.
- Alabama Barred from Executing Prisoner by Nitrogen Hypoxia, July 1, 2026. Totality of Conditions, Eighth Amendment, Death Penalty, Cruel and Unusual Punishment, Wrongful Use of Force.

