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Trial Required in Jail Attack
Loaded on Nov. 15, 1999
published in Prison Legal News
November, 1999, page 25
A federal district court in New York held that a trial was required to resolve disputed issues of material fact where a jail guard was accused of assaulting a detainee. The court also held that the county could not be held liable for a single incident of violence by one ...
Filed under:
Excessive Force,
Guard Brutality/Beatings,
Qualified Immunity,
Municipal Liability.
Location:
New York.
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More from this issue:
- The Cultural Commodification of Prisons, by Paul Wright
- New Jersey Guard Wins $3.75 Million Harassment Suit
- From the Editor, by Dan Pens
- New York City Arrestee Awarded $5.02 Million in Strip Search
- PLN Sues Washington DOC over Censorship of Nazi Guard Exposé
- California Changes Shooting Policy, by Willie Wisely
- $7,000 Award to Prisoner Shoved by Guard while Praying
- No Privacy Rights for Sex Offender Registrants
- CCPOA Pimping in the California State Assembly, by Dan Pens
- Probable Cause Hearing Delay Actionable, by Ronald Young
- Ex-Welfare Workers in Georgia Replaced with Prison Slaves
- California Prison Legal Fund Broke, by Willie Wisely
- Nevada Guards Party with Inmate Welfare Fund
- Prison Realty Stock Plummets; Shareholders File Suit
- Corcoran Bad Apple Rehired, by Willie Wisely
- New York Retaliation Suit Nets $100,000 in Damages
- California Governor Vetoes Parole Reform Bill
- California Illegally Dumps Parole Records, by Willie Wisely
- Suicides at Connecticut Prison Raise Concerns about Mental Health Care
- Prisoner Strip Search Warrants Fourth Amendment Analysis, by Ronald Young
- Amended Complaint Filed Outside Limitations Period Relates Back
- A Guide to the Prison Litigation Reform Act, by John Boston (Review), by Paul Wright
- California Visits Reinstated after Food Boycott (Letter), by D.R.
- $100,000 Settlement in South Carolina Jail Death
- Heck Not Applicable to Ad Seg; Only "Available" Exhaustion Required
- Retaliatory Acts Need Not "Shock the Conscience" to be Actionable
- Sheriff Liable for Inadequate Staffing and Refusing Medical Treatment to Assaulted Prisoner
- Second Circuit Discusses Heck and Edwards
- Evidentiary Hearing Allowed in PLRA Consent Decree Terminations
- West Virginia Supreme Court Upholds Computer Ban
- Washington Felony Infraction Law Struck Down
- Request for Telephonic Appearance Must Be Considered
- BOP Violates Due Process in Ad-Seg, Transfer and Mail Suit
- Trial Required in Jail Attack
- Race Discrimination Claim Not Barred by PLRA Physical Injury Rule
- News in Brief
- PLRA Attorney Fee Cap Not Retroactive in Attorney Client Case
- PLRA Attorney Fee Provision Not Retroactive in Jail Conditions Suit
More from these topics:
- Suit Filed Over Fatal Beating of New York Prisoner That Sparked Massive Guard Strike, Aug. 1, 2025. Guard Misconduct, Failure to Treat, Guard Brutality/Beatings, Restraints, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death).
- News in Brief, Aug. 1, 2025. Staff-Prisoner Assault, Private Prisons, Misconduct/Corruption, Guard Misconduct, Systemic Medical Neglect, Male Reproductive, Malpractice, Escapes, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Excessive Force (Wrongful Death), Juvenile Prisons, Bureau of Prisons (BOP), Bribery/Extortion/Theft.
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025. War on Terror, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Terrorism.
- $6.75 Million Settlement Reached in Suit Accusing Massachusetts Guards of Retaliatory Assaults on Prisoners, Aug. 1, 2025. Racial Discrimination, Retaliation, Guard Brutality/Beatings.
- Multiple Prisoner Suits Accuse Guards of Violence at Virginia BOP Lockup, Aug. 1, 2025. Racial Discrimination, False Charges (Disciplinary Hearings), Guard Brutality/Beatings, Restraints, Failure to Treat (Mental Illness), Discrimination (Transgender).
- SCOTUS Clamps Down on Bivens Extension to Prisoner Beaten by BOP Guards at Virginia Lockup, Aug. 1, 2025. Guard Brutality/Beatings, Restraints, Immunity - Absolute and Qualified, Bivens Actions.
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Guard Brutality/Beatings.
- $1.2 Million for New York Prisoner Waterboarded by Guards, Aug. 1, 2025. Staff-Prisoner Assault, Guard Brutality/Beatings, Exceptions.
- Third Circuit Upholds Award of $265,000 to Prisoner Who Was Sexually Assaulted Twice by the Same Guard, Aug. 1, 2025. Staff-Prisoner Assault, Guard Brutality/Beatings, Damages - Compensatory, Damages - Punitive.
- Delaware’s ACLU Files Action on Behalf Of Six Prisoners Assaulted During Midnight Raid, Aug. 1, 2025. Staff-Prisoner Assault, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints.