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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:
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026. Failure to Treat, Infections, Qualified Immunity, Fourteenth Amendment, rights, Deliberate Indifference.
- Sixth Circuit: Qualified Immunity Granted to Guard in Delayed Treatment for Prisoner who Suffered Heart Attack, Oct. 1, 2026. Pain, Cardiovascular, Failure to Treat, Qualified Immunity, Deliberate Indifference.
- Ninth Circuit Rules Favorably for Washington Prisoner Whose Writing Submission Was Censored, Oct. 1, 2026. Retaliation, Qualified Immunity, Mail Regulations, Censorship, First Amendment, rights.
- San Francisco Jail Survey Exposes Abuse, Malnutrition and Constitutional Violations, Oct. 1, 2026. Failure to Protect (General), Food, Guard Brutality/Beatings, Attorney Visits, Pretrial Detention and Detainees.
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026. Qualified Immunity, Sovereign Immunity, Failure to Protect (Wrongful Death), Suicides, Deliberate Indifference.
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- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Failure to Train/Supervise, Monell Liability.
- Second Circuit Rules Eighth Amendment Governs Claims of Excessive Force Brought by Parole Violator, Oct. 1, 2026. Eighth Amendment, Excessive Force, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Probation, Parole & Supervised Release.
- Wave of Staff Arrests Exposes Persistent Misconduct at South Carolina Jail, Sept. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Guard Brutality/Beatings, Obstruction of Justice.
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.