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Jury Must Be Asked If Prisoner Testimony Credible
Loaded on March 15, 1993
published in Prison Legal News
March, 1993, page 8
Jeffrey Rainey was a North Carolina pretrial detainee. He claimed that in the course of a dispute with a jail guard the guard used excessive force against him by slamming him into a wall three times, injuring his back. He filed suit under § 1983 and at trial a jury …
Filed under:
Guard Brutality/Beatings,
Civil Procedure,
Evidentiary Ruling,
Jury Instructions,
Juries,
Witnesses,
Qualified Immunity.
Location:
North Carolina.
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More from this issue:
- Supreme Court Strikes Blow Against Attorney Fees, by Adrian Lomax
- Federal Judge Says Prisoners Denied Access to Courts
- Okay to Steal Mail
- Congress OKs Fed Cons to Pay Cost of Prison
- Freezing Temperature Violates Eighth Amendment
- Federal Prison Terms Increasing
- Prisoners No Longer Entitled to Witness Fees
- Death Threats and "Snitch Jacketing" by Guards Unlawful
- Court Cannot Dismiss Suit if Partial Filing Fee Paid
- Court Cannot Supply Elements of Complaint
- Maxed Out Washington Cons Have Right to Earn Good Time
- Dismissal of HIV+ Conditions Suit Reversed
- Prison Bosses Liable for Rights Violation
- Penn. Senate Warned of Possible Prison TB Epidemic
- Right to Avoid Tobacco Smoke Exposure not Established
- Washington Smoking Suit Dismissed
- Exposure to Tobacco Smoke Violates Eighth Amendment
- Vermont Ends Smoking Ban
- Indiana DOC Must Allow Witnesses at Hearings
- Prisoners Win Suit Over Circulating Petition
- Prisoner Entitled to Religious Diet
- Kentucky Cons Used as Scabs
- What's Wrong With This Picture?, by Paul Wright
- Editorial, by Ed Mead
- Section 1983 Proper Remedy for Disiplinary Violations
- Ex-Louisiana Officials Fined for Racial Segregation
- Jury Must Be Asked If Prisoner Testimony Credible
- Palestinians Sue Tear Gas Maker
- Crisis in the French Gulag, by Jean-Marc Rouillan
- Package Forwarding Service for Cons
- Oregon Wants Prisoners to Pay for Incarceration
- NIJ To Study Roots of Crime
- Battered Women in Prison
- 1990 U.S. Prison Population Stats, by Ed Mead
- No Welcome for Princess Anne
- Prisoners File Record Number of Suits, by Paul Wright
- Clinton for Prisoners: More Bad News, by Paul Wright
- Disabled Executed
- Reviews and Correspondence, by Paul Wright
More from these topics:
- Atlanta Jail Boasts Improvements Since Consent Decree, Reports from Monitor and ACLU Are More Critical, May 1, 2026. Staffing, Sanitation, Guard Brutality/Beatings, Consent Decrees, Bail/Pretrial Release.
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- Six Maryland Guards Convicted in Prisoner’s Beating, Cover-up; § 1983 Suit Filed, May 1, 2026. Guard Brutality/Beatings, 42 U.S. Code § 1983, civil action for deprivation of rights, Obstruction of Justice, Wrongful Use of Force, Evidence - Destruction/Fabrication/Manipulation of.
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.
- Judge Denies New York Prison Chief’s Motion to be Dismissed from Case Related to Robert Brooks’ Murder, May 1, 2026. Work Strikes, Guard Brutality/Beatings, Failure to Train/Supervise, Police--Excessive Force, Deliberate Indifference.
- Oregon Supreme Court Announces Trial Courts Must Give Complete Oral Final Jury Instructions at Conclusion of Trial, Preliminary Instructions Cannot Substitute for the ORCP 59 B Charge, May 1, 2026. Jury Instructions, Jury Instructions in Jury Room, Grounds for Relief, Denial of Due Process, Right to Testify/Remain Silent.
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- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.