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Destruction of Evidence Allows Adverse Inference
Loaded on Oct. 15, 1993
published in Prison Legal News
October, 1993, page 7
Jerry McCrary-El is a Missouri state prisoner. He filed suit under § 1983 claiming that prison guards used excessive force in moving him to the back of his cell, within the prison's segregation unit, to place a cellmate in his cell. After a trial a jury found in favor of …
Filed under:
Guard Brutality/Beatings,
Civil Procedure,
Evidentiary Ruling,
Jury Instructions.
Location:
Missouri.
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More from this issue:
- Documents Filed When Delivered to Prison Officials
- Access to Courts: Standing to Assert Right
- Censoring Legal Mail States Claim
- Bar on Access to Court Records Struck Down
- Court Access for Spanish Speakers
- Pro Se Detainee Has Access Rights
- Ninth Circuit Reverses Powell Decision, by Robert Powell
- Florida Builds More Prisons
- ACLU Reaches Accord With Hawaii in Prison Case
- NY Re-Examines Tough Drug Laws
- Elements of Jail RICO Suit Explained
- Due Process Required Before Hole Time
- Destruction of Evidence Allows Adverse Inference
- Prohibition of Beatings Well Established Law
- Evidence Must Support Disciplinary Charge
- Right to Die Rulings Grow
- Denial of Physical Therapy Shows Deliberate Indifference
- No Qualified Immunity for Denial of Medical Care
- Right to Hot Water Clearly Established
- Research Directory
- Prison Slavery Upheld, Again, by Ed Mead
- From The Editor, by Paul Wright
- Clinton Unveils "Anti-Crime" Package, by Paul Wright
- Families Against Mandatory Minimums
- Professionalism at Purdy Women's Prison, by Vicki McLemore
- BOP Not Liable for Guard Raping Prisoner
- Cops Shaft Informant
- Murderer Fired From Prison Job, by Paul Wright
- PA Women File Suit Over Property
- Some Food for Thought: Prisoners Are Not Inmates, by Ojore Lutalo
- Grievance System Sham, by John Gerteisen
- Needs Haircut Information, by John Harris
- Prison Flooded
More from these topics:
- Wave of Staff Arrests Exposes Persistent Misconduct at South Carolina Jail, Sept. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Guard Brutality/Beatings, Obstruction of Justice.
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Four Massachusetts Guards Face Charges for Assault on Prisoners During Brawl, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings.
- Last of 11 Guards Sentenced in Death of New York Prisoner, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death), False Statements/Perjury, Obstruction of Justice.
- $500,000 for Mentally Ill Detainee Beaten by Guard at Ohio Jail, Sept. 1, 2026. Guard Brutality/Beatings, Summary Judgment, Settlements, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.
- Troubled Illinois Lockup Sees Guard Abuses, Prisoners on Hunger Strike, Sept. 1, 2026. Hunger Strikes, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints, Administrative Detention/Segregation.
- 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.
- 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.
- $6.35 Million Paid for Ohio Jail Detainee’s Spinal Cord Injury Caused by Guard, Aug. 1, 2026. Guard Misconduct, Malpractice, Guard Brutality/Beatings, Settlements, Wrongful Use of Force.

