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4th Circuit Establishes Detainee Excessive Force Standard
Loaded on April 15, 1998
published in Prison Legal News
April, 1998, page 17
The court of appeals for the fourth circuit, sitting en bane, held that the constitution does not prohibit the police from slapping pretrial detainees or inserting pens in their noses, while threatening to "rip it open," provided there is no sign of injury.
Filed under:
Conditions of Confinement,
Jail Specific,
Guard Brutality/Beatings.
Location:
Virginia.
Initially, a district court granted summary judgment …
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More from this issue:
- Rural Prison as Colonial Master, by Christian Parenti
- French Robertson Prisoner Wins Suit
- Texas Warden Not Victim of Staff Assault, by T.Q.
- In Memory - Reverends Ernest Bromley and Maurice McCrackin, by John Perotti
- Mystery of Guard's Death Unlocked, by B K
- From the Editor, by Dan Pens
- Weights Banned in California, by Willie Wisely
- The Limits of the Law, by Mumia Abu-Jamal
- Third Circuit Applies ADA to Prisoners; Supreme Court Grants Review
- Even Nominal Damages May Justify Attorney Fee Award
- $9,500 Award for Involuntary Psychotropic Drugging Affirmed
- MA and WA Parole Suits Not Cognizable Under § 1983
- Folsom New Year's Riot Over Haircut Policy
- Community Notification Upheld by Three Circuits
- $1.1 Million Award in Sexual Assault
- Failure to Protect Informant Claim Set for Trial
- $225,000 Jury Award in CDC Shooting Affirmed
- BOP Sentence Reductions Cannot Be Denied Based Upon Firearm Enhancements
- BJS Reports Prison Litigation Statistics
- PLRA Termination Provisions Constitutional
- Prolonged SHU Confinement May Implicate Liberty Interest But No Damages
- BOP Exceeds Statutory Authority in Denying Sentence Reduction
- News in Brief
- Pretrial Detainees Not Covered by FLSA
- Damage Award and Attorney Fees in Censorship Suit Affirmed
- U.S. Liable for Loss of Prisoner's Property
- 4th Circuit Establishes Detainee Excessive Force Standard
- PA DOC Not 'Victim' for Restitution Purposes
- Heck Applied to Segregation Claims
- No Immunity for Hearing Officer's Failure to Examine CI Credibility
- No Immunity in Jail Suicide for Medical Contractor
- $450,000 Award in Sexual Assault Case Not Excessive
- 5th Cir. Holds IFP Dismissals Are With Prejudice
- No Immunity for Smoke Exposure
- Florida Prisoners Have Property Interest Under DOC Rules
- Refusal to Waive Interest States Claim
- Alaska Computer Printer Ban Questioned
- Conditions in Camden County Jail Unconstitutional
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- Judge Orders Rikers Manager Must Fix Jail in Seven Years Or Less, April 1, 2026. Prison Reform, Totality of Conditions, Jail Specific, Contempt (Civil Procedure), Consent Decrees.
- Like Prisoners, Most Jail Detainees Now Banned from Receiving Physical Mail, March 1, 2026. Jail Specific, Mail Regulations, Legal Mail, Censorship, Digital Devices, Private Phone Contractors.
- New York City Begins Construction on Chinatown Jail Despite Opposition, March 1, 2026. Lobbying, Protests, Jail Specific, Transportation, Consent Decrees.
- Eight Detainees Escape from Louisiana Jail, Captured in 24 Hours, March 1, 2026. Escapes, Jail Specific, Security Systems.
- 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.
- Two Detainees Captured After Escape from Southwest Georgia Jail, March 1, 2026. Escapes, Jail Specific, Security Systems.
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