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Due Process Protects Detainees from Violence
Loaded on May 15, 1993
published in Prison Legal News
May, 1993, page 3
Raul Valencia is a pre-trial detainee in Brewster County, Texas. During a jail disturbance guards smashed Valencia's head into cell bars, choked him into unconcioussness and, after handcuffing him, beat him. Valencia filed suit under
Filed under:
Attorney Fee Awards,
Excessive Force,
Guard Brutality/Beatings,
Damages,
Qualified Immunity.
Location:
Texas.
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More from this issue:
- Search Victory for Women Cons, by Gini Faller
- Prison Rule Banning Media Mail/Visits Held Unconstitutional
- Sexually Harassing Pat Searches May Be Illegal
- Comic Book Censorship Overturned
- ACLU Challenges NJ DOC Censorship
- Improved Jail Conditions Merits Attorney Fees
- Due Process Protects Detainees from Violence
- Unlawful to Read Legal Mail in Prisoner's Cell
- Court Dissolves 1-800 Injunction
- Court Enjoins Torture of Jail Prisoners
- Guard Convicted of Beating Prisoner
- Psych Prisoners Have Right of Court Access
- Damages Awarded in PA Beating and Walk
- Organizations Not "Persons" for IFP Status
- DOC Guard Liable for Not Stopping Beating
- Unsworn Declarations Admissible
- Prison Officials Liable for Haircuts
- Retaliatory Denial of Parole Actionable Under Section 1983
- Prison Officials Liable for Holding Inmate Past Release Date
- Section 1983 Proper Remedy for Illegal Confinement
- Court Bans Double Celling of New Prisoners
- Transfers May Violate Eighth Amendment
- WA Prisoners Lose Damages in Rectal Probe Suits
- Road Kill For Washington Prisons
- Minimum Wage for Cons Studied by Congress
- PLN Editor Wins Retaliation Suit, by Paul Wright
- Mentally Ill Entitled to Health Care
- Monroe Double Celling Suit Lost, by Ed Mead
- Failure to Treat Illness Violates Eighth Amendment
- MANCI: The Aftermath, by John Perotti
- Minn. Prison Signs Contract for Puerto Rican Inmates
- Editorial, by Ed Mead
- Criminal Justice System Unfair to Radical Activist, by Jon George
- Bombed-out German Prison to be Razed and then Rebuilt
- Brazilian Cops Charged in Prison Massacre
More from these topics:
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- At Least Three Guards Charged for Assaulting Two Massachusetts Prisoners, Aug. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Assaults on Staff, Wrongful Use of Force.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- $3 Million Settlement Reached with BOP for Attorney’s Fees in Sex Abuse Class-Action from Now-Shuttered California “Rape Club”, Aug. 1, 2026. Staff-Prisoner Assault, Attorney Fee Awards, Settlements, Consent Decrees, Class Actions.
- Ombudsman Report Finds Use of Force Misapplied in Contraband Search, Aug. 1, 2026. Guard Misconduct, Failure to Treat, Body Cavity Searches, Guard Brutality/Beatings, Pepper Spray/Tear Gas.
- $1.2 Million for Elderly Detainee Shoved Out the Door of Sacramento Jail by Guard, Aug. 1, 2026. Guard Brutality/Beatings, Americans with Disabilities Act, Rehabilitation Act, Failure to Treat (Mental Illness), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, 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.
- 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.

