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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:
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- San Francisco Jail Survey Exposes Abuse, Malnutrition and Constitutional Violations, Oct. 1, 2026. Failure to Protect (General), Food, Guard Brutality/Beatings, Attorney Visits, Pretrial Detention and Detainees.
- South Dakota Supreme Court Affirms Prisoner’s Simple Assault on Guard Conviction Despite Four-Second Skip in Surveillance Video Footage, Oct. 1, 2026. Jury Instructions, Double jeopardy, Failure to Object, Evidence - Integrity/Reliability of, Denial of Due Process.
- $4,000 Awarded to Ohio Prisoner for Denied Records Requests, Oct. 1, 2026. Damages, Retroactivity, Public Records Act, Statutory Construction/Interpretation.
- L.A. County Begins Making Nearly $5 Billion in Payouts to Survivors of Sex Abuse in Juvenile Detention, Sept. 1, 2026. Sexual Assault, Staff-Prisoner Assault, Prisoner-Prisoner Assault, Guard Misconduct, Jail Misconduct, Settlements, Juvenile Offenses/Offenders.
- 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.