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Prisoner Testimony Must Be Considered in Spears Hearing
Loaded on Oct. 15, 1996
published in Prison Legal News
October, 1996, page 9
The court of appeals for the fifth circuit held that a district court abused its discretion when it heard a prisoner's testimony during a Spears hearing and then disregarded it and dismissed the complaint. Danny Eason, a Texas state prisoner, filed suit claiming his eighth amendment rights were violated when …
Filed under:
Excessive Force,
Guard Brutality/Beatings,
Restraints,
Summary Judgment,
Complaints.
Location:
Texas.
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More from this issue:
- UNICOR Hogs Body Armor Market, by Dan Pens
- Prisoners May Be Allowed to Lead Religious Services
- From the Editor, by Dan Pens
- The "Honorable Men" Defense, by Mumia Abu-Jamal
- Plaintiff Entitled to Respond to Qualified Immunity Defense
- Alleged Work Refusal Requires Trial
- Unrest in South American Prisons
- Less than Lethal Force Liability
- Smoke and Mirrors
- A Matter of Fact
- Correction
- Cause of Action Accrues on Disciplinary Reversal
- Prisoner Testimony Must Be Considered in Spears Hearing
- Texas Parole Rules on Litigants and Victim Statements Enjoined
- Extending Release Date Violates Eighth Amendment
- Attorney Fees Awarded for Opposing Motion to Vacate
- Attica: Looking Back 25 Years, by Jaan Laaman
- Jail Guards File Suit
- Fifth Circuit Applies New Standard to Detainee Claims
- MCC Settlement Upheld
- Evidence Required for Disciplinary Sanction, Sandin Questioned
- Pepper Spray Madness, by Lynn Wilson
- Pepper Spray Unsafe?
- Indigents Entitled to Full Credit for Pretrial Detention
- De Novo Review Required of Magistrate's Report
- Texas Shaving Rule Declared Illegal
- Parolee's Jail Rights Discussed
- Missouri Haircut Rule Upheld under RFRA
- No Right to Assistance in Family Law
- Retaliation for Grievance Committee Participation Requires Trial
- PI Granted in Haircut Claim
- Court Responsible for Jury Demand
- Complaint Can't Be Dismissed if Partial Filing Fee Paid
- No FLSA Protection for Work Release Prisoners
- Right to Witnesses and Court Access Well Established
- News in Brief
- Court Okays Disclosure of AIDS Status
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