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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:
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- 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.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- 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 Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, Deliberate Indifference.
- 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.
- Oregon Reaches $49 Million Settlement with State Prisoners in COVID-19 Class-Action, Aug. 1, 2026. COVID-19, Eighth Amendment, Settlements, Class Certification, 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.

