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Trial Required on Clothing Claim
Loaded on Sept. 15, 1995
published in Prison Legal News
September, 1995, page 22
When prison guards apply force maliciously and sadistically, they are violating the eighth amendment and can be held liable for their actions. Courtney Wilkens is a Missouri state prisoner. Prison guards claimed Wilkens was wearing gang colors in the prison dining hall and attempted to reprimand him. Wilkens and two …
Filed under:
Gang Policies,
Body Cavity Searches,
Conditions of Confinement,
Eighth Amendment,
Clothing,
Strip Cells,
Bedding,
Lighting,
Guard Brutality/Beatings,
Qualified Immunity.
Location:
Missouri.
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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:
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- $950,000 Settlement Reached for Pennsylvania Jail Detainee Repeatedly Pepper-Sprayed During Mental Health Episodes, April 1, 2026. Clothing, Pepper Spray/Tear Gas, Failure to Treat (Mental Illness), Chemical Spraying of Mentally Ill Inmates, Deliberate Indifference.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.
- New York Governor Pulls Plug on Prison Watchdog Funding, March 1, 2026. Guard Misconduct, Prison Reform, Conditions of Confinement, Guards/Staff, State Legislation.
- Louisiana Prisoner Sustains Claim Against Prison Doctor for Allowing Assignment to “Field Duty” Despite Known Ankle Injury, March 1, 2026. Inability to Work, Skeletal Injury, Summary Judgment, Qualified Immunity, Deliberate Indifference.
- Utah Pushes for Additional $130 Million to Expand Prison that Cost $1 Billion, March 1, 2026. Cost of Prison Systems, Conditions of Confinement, Failure to Treat (Mental Illness), State Legislation, Reduction of Prison Population.
- Tenth Circuit Affirmed Denial of Guards Qualified Immunity in Disabled Detainee’s Fourteenth Amendment Claim, March 1, 2026. Failure to Treat, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Michigan Claws Back $1.2 Million Paid to Wrongfully Convicted Former Prisoner, Feb. 1, 2026. Police Misconduct, Wrongful Imprisonment, Qualified Immunity, Forensic Sciences, Fabrication of Evidence.

