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Nominal Damages in Eighth Amendment Claim Upheld
Loaded on Jan. 15, 1994
published in Prison Legal News
January, 1994, page 10
Rederick Cummings was accused of attempting to rape a prison employee. During the course of "investigating" the rape allegations prison officials beat Cummings several times. Cummings filed suit alleging that the beatings violated his eighth amendment rights. At trial a jury found two of the defendants liable and awarded him ...
Filed under:
Sexual Assault,
Prisoner-Staff Assault,
Guard Brutality/Beatings,
Damages,
Evidentiary Ruling,
Jury Instructions.
Location:
Missouri.
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More from this issue:
- Ninth Circuit Approves Oregon Control Unit Conditions, by Paul Wright
- Outgoing Mail May Contain Slander
- Bankruptcy Appeal Filed When Mailed
- Discipline For Rude Letter Struck Down
- WI Prisoners Not Entitled to Minimum Wage
- Law of Medical Treatment Explained, by Ed Mead
- Conditions Habeas Requires Administrative Exhaustion
- WA State DOC "Work Ethic" Program: Capitalist Training Camp, or Liberal Rehabilitation Scheme?, by PLG
- Court Declines to Define "Frivolous" Suits
- Exposure to Cold Weather States Claim
- Death Row Prisoners Entitled to Limited Contact Attorney Visits
- Prisoner's Assault Claim Must Go to Trial
- MI Hearing Officers Have Absolute Immunity
- Only One Appeal on Qualified Immunity
- Classification Chief Liable for Attack
- Making Con Drink from Toilet States Claim
- Parole Commission Guidelines Not Ex Post Facto
- Visitor Cannot Withdraw Consent to Search Once Search Has Begun
- Common Law Right to Inspect Court Records
- Nominal Damages in Eighth Amendment Claim Upheld
- No Cause of Action in Reversed Disciplinary Sanction
- "Tough On Crime" Law Increases Michigan Crime Rates
- Reviews
- WA DNA Identification Statute Upheld by District Court
- Editorial, by Ed Mead
- BOP Must Disclose Program Statement
- Weed and Seed: The Fortress Culture, by Christian Parenti
- Disastrous Conditions in Vermont Prisons
- Materials on Prison Rape Survival Available
- Dime Down, by Bill Dunne
More from these topics:
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025. Sexual Assault, Failure to Protect (General), Eighth Amendment, Staffing, Stun Guns/Tasers.
- Suit Filed Over Fatal Beating of New York Prisoner That Sparked Massive Guard Strike, Aug. 1, 2025. Guard Misconduct, Failure to Treat, Guard Brutality/Beatings, Restraints, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death).
- News in Brief, Aug. 1, 2025. Staff-Prisoner Assault, Private Prisons, Misconduct/Corruption, Guard Misconduct, Systemic Medical Neglect, Male Reproductive, Malpractice, Escapes, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Excessive Force (Wrongful Death), Juvenile Prisons, Bureau of Prisons (BOP), Bribery/Extortion/Theft.
- 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.
- $6.75 Million Settlement Reached in Suit Accusing Massachusetts Guards of Retaliatory Assaults on Prisoners, Aug. 1, 2025. Racial Discrimination, Retaliation, Guard Brutality/Beatings.
- Multiple Prisoner Suits Accuse Guards of Violence at Virginia BOP Lockup, Aug. 1, 2025. Racial Discrimination, False Charges (Disciplinary Hearings), Guard Brutality/Beatings, Restraints, Failure to Treat (Mental Illness), Discrimination (Transgender).
- SCOTUS Clamps Down on Bivens Extension to Prisoner Beaten by BOP Guards at Virginia Lockup, Aug. 1, 2025. Guard Brutality/Beatings, Restraints, Immunity - Absolute and Qualified, Bivens Actions.
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Guard Brutality/Beatings.
- $1.2 Million for New York Prisoner Waterboarded by Guards, Aug. 1, 2025. Staff-Prisoner Assault, Guard Brutality/Beatings, Exceptions.
- Third Circuit Upholds Award of $265,000 to Prisoner Who Was Sexually Assaulted Twice by the Same Guard, Aug. 1, 2025. Staff-Prisoner Assault, Guard Brutality/Beatings, Damages - Compensatory, Damages - Punitive.