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Trial Required in Oklahoma Beating Case
Loaded on Feb. 15, 1998
published in Prison Legal News
February, 1998, page 15
The court of appeals for the tenth circuit held that a prisoner's claim for declaratory and injunctive relief are mooted once he is released from incarceration and that questions of fact regarding the application of force by guards precludes summary judgment in their favor. The court also held that the …
Filed under:
Injury -- Misc.,
Guard Brutality/Beatings,
Civil Procedure,
Summary Judgment,
Injunctions,
Discovery,
Mootness,
Magistrates,
Recusal,
Supervisory Liability.
Location:
Oklahoma.
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More from this issue:
- Juvenile Crime Pays, by Alex Friedmann
- Bureau of Prisons Gag Rule Enacted
- From the Editor, by Dan Pens
- Washington "Bulk Mail" Ban of PLN Struck Down
- Where to Now For Prison Smoking?, by Paul Wright
- Resources for Smoking Litigation: Health Effects of Smoking; Legal Cases on Smoking
- Actual Injury Required in Legal Mail Claim
- KS S.Ct. Affirms Trust Account "Service Fee"
- No Immunity for Delaying Arthritis Treatment
- Deaf Prisoners in Washington Seek Class-Wide Relief, by David C Fathi
- Union Denounces Prison Labor
- Florida PRIDE Employees Denied Minimum Wages, by James Quigley
- PRIDE Eyes Private Markets
- No Immunity for Florida Private Jail
- PLRA Requires Winning Prisoner to Pay 25% of Defendants' Atty Fees
- Exposure to Cold States Claim Exhaustion Requirement of PLRA Not Retroactive
- PLRA Attorney Fee Restrictions Not Retroactive
- WSP Ban on Gift Subscriptions Enjoined
- Trial Required in Oklahoma Beating Case
- News in Brief
- New York Prisoner Settles Excessive Force Case for $25,000
- Legal Papers Must be Returned to Owner; Prisoner Legal Mail Banned
- 7th Circuit Defines "Serious Medical Needs"
- Inadequate Prison Security Violates 8th Amendment
- Damages Suit Stayed While Habeas Pursued in Disciplinary Hearing Challenge
- Idaho Court Access Class Action Suit Proceeds
- Iowa Prison Nurse Liable in Birthing
- West Virginia Prisoners Lose Computers
- Cold Cell Violates 8th Amendment
- Grand Jury Indicts 45 Texas Prisoners
- Rhode Island Ban on Royalties to Felon Authors Struck Down
- Second Circuit Rules on Appointment of Counsel
More from these topics:
- 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.
- Federal Court Issues Preliminary Injunction Barring Enforcement of Executive Order to Transfer Trans Women Prisoners to Men’s Prisons, Aug. 1, 2026. Transfers, Injunctions, Discrimination (Transgender), Failure to Protect (Transgender).
- 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 Upholds Summary Judgment Against Former Illinois Prison Guards Challenging Termination for Violating Use of Force Policy, Aug. 1, 2026. Guard Misconduct, Pepper Spray/Tear Gas, Summary Judgment, Employee Litigation, Vagueness/Overbreadth.
- 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.
- $6.35 Million Paid for Ohio Jail Detainee’s Spinal Cord Injury Caused by Guard, Aug. 1, 2026. Guard Misconduct, Malpractice, Guard Brutality/Beatings, Settlements, Wrongful Use of Force.
- San Diego Guard Sentenced for Shoving a Shackled Detainee, Aug. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, False Statements/Perjury, Wrongful Use of Force.
- Wave of Staff Arrests Exposes Persistent Misconduct at South Carolina Jail, Aug. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Guard Brutality/Beatings, Obstruction of Justice.
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.

