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Court Formulates New "Use of Force" Standard
Loaded on Sept. 15, 1995
published in Prison Legal News
September, 1995, page 19
While pretrial detainees are imprisoned against their will and in many cases are similar in circumstance to convicted detainees they are legally innocent of any crime. This is an important distinction when it comes to detainees litigating jail conditions. PLN regularly reports on court decisions affecting jail detainees because such …
Filed under:
Eighth Amendment,
Excessive Force,
Guard Brutality/Beatings,
Qualified Immunity.
Location:
Georgia.
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More from this issue:
- Civil Forfeiture and Criminal Prosecution as Double Jeopardy, by Jeffrey Steinborn
- Supreme Court Rejects Govt Inter-Locutory Appeals in Civil Rights Suits
- Editorial, by Dan Pens
- New Prisoners' Self Help Litigation Manual, by Paul Wright
- Live From Death Row, by David Gilbert
- How to Win Prison Disciplinary Hearings, by Paul Wright
- Chain Gangs Challenged in Court
- Some Evidence Must Support Guilty Finding
- Injunction Saves CA Family Visits, by Gail Harrington Wisely
- CA Prisoners Assault Prison Office, by Dan Pens
- Economic Reality Applied to FLSA Claims
- IL Change in Good Time Statute Unlawful
- No Immunity for Visitor Searches
- NY Prisoners Awarded Damages in Beatings
- Guard Gets 10 Years for Beating Prisoner to Death
- INS Detainees Trash Private Prison
- Spitting by HIV+ Prisoner Results in Attempted Murder Conviction, by Paul Wright
- Detainee Entitled to Medical Care
- WA DOC Computerizes Visitor Tracking
- Court Formulates New "Use of Force" Standard
- Law on Retaliation Well Established in 9th Cir.
- Medical Care Ordered
- Attorney Fees Awarded in MCC Suit
- Diabetic Sues for Meals
- Trial Required on Clothing Claim
- Ohio Prison Activist Conference
- BOP Prisoners Must Exhaust Administrative Remedies
- News in Brief
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.
- 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.
- Nevada Prisons Are Facing a Medical Crisis Due to Understaffing, Aug. 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Staffing, Medical Neglect/Malpractice.
- 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.