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Fact Issue of Physical Injury Precludes Summary Judgment
Loaded on Sept. 15, 1999
by Ronald Young
published in Prison Legal News
September, 1999, page 19
The court of appeals for the Fifth circuit held that the material fact issue as to whether prisoner suffered more than de minimis physical injury from alleged excessive force precluded summary judgement in favor of prison officials.
Filed under:
Physical Injury Rule,
Excessive Force,
Guard Brutality/Beatings,
Summary Judgment.
Location:
Texas.
Juan Gomez, a Texas state prisoner at the Eastham Unit, filed a civil ...
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More from this issue:
- Wreaking Medical Mayhem in Washington Prisons, by Tara Herivel
- A Foul Trend Emerges, by Tara Herivel
- Is Health Care Too Much to Ask For?, by Silja JA Talvi
- Ex-Prisoner Gets $850,000 for Broken Neck
- Arkansas Department of Corruption Revealed
- County Jail Political Shenanigans, Corruption Revealed
- From the Editor, by Dan Pens
- Crime and Punishment in America, by Elliot Currie (Review), by H Bruce Franklin
- The Way the Wind Blew: A History of the Weather Underground, by Ron Jacobs (Review), by Paul Wright
- Texas Prison Warehouses (Letter), by DG "Tex" Hoffman
- Beaten Connecticut Jail Detainee Awarded $2.07 Million
- Missouri Proposes $2.2 Million Settlement
- New Mexico Riot Rooted in Religious Rights
- Rikers Island Detainee Shot
- Tennessee Supreme Court Upholds Private Prison Disciplinary Procedures
- Prison Realty Board Member Settles Ethics Complaints
- West Virginia DOC Commissioner Resigns After Beating Wife
- Pro Se Pennsylvania Prisoner Awarded $100,000 in Guard Attack
- Texas Jail Whistleblower Awarded $3.3 Million
- Washington 35% Spousal Suit Update
- Arizona DOC Settles Kosher Diet Suit
- US Supreme Court Holds Media Ride-Alongs Unconstitutional
- Transsexual Awarded $755,000 in Jail Strip Search
- PLRA Physical Injury Requirement Constitutional, by James Quigley
- Tobacco Smoke Exposure Requires Trial
- DC Circuit Lifts Injunction on BOP Porn Ban
- De Novo Review for § 1915A Dismissals
- Third Circuit Holds 28 USC § 1915(g) Does Not Apply Retroactively
- Three Strikes Upheld by Ninth Circuit
- Administrative Exhaustion Required in all Cases
- State Court Dismissals Don't Count as Strikes
- Automatic Stay Provision Unconstitutional
- Total Administrative Exhaustion Not Required
- No Exhaustion Required in Wisconsin When Only Money Damages Are Sought
- No Written Screening or Administrative Exhaustion Required
- Physical Injury Requirement Doesn't Apply to Court Access Claims
- Fact Issue of Physical Injury Precludes Summary Judgment, by Ronald Young
- Wright Dismissed on Remand
- Private Prison Denied Wiretap Exception
- No Court Access Right to Litigate Civil Forfeiture
- Prisoners Have First Amendment Right to Private Conversations with Their Attorneys
- Liberty Interest in Erroneous Parole Release, by Ronald Young
- Prisoner Suing Prison Physician for Deliberate Indifference
- Prisoner Can Attend His Civil Trial at Government Expense
- Stun Belts in Court Unconstitutional
- Federal Parolee Has Right to Hearing Under 18 USC § 4211(a)(2)
- Lack of Standing Eviscerates Court Access Class Action
- News in Brief
- PLRA Dismissals for Failure to Plead Physical Injury Reviewed De Novo
- Denial of Exercise Is "Atypical and Significant"
More from Ronald Young:
- Private Prison Lobbying Group Founded, Jan. 15, 2002
- Ohio Eliminates Prison Oversight Committee; Reduces Prison Funding, Jan. 15, 2002
- Corrections Corporation of America Announces Closing of Youngstown Prison, Jan. 15, 2002
- Colorado ACLU Settles Restraint Board Suit, Jan. 15, 2002
- New Missouri Mega-Prison Mothballed, Dec. 15, 2001
- Texas Jury Awards $70,000 in Prison Stabbing, Dec. 15, 2001
- Arizona CCA Prison Found 'In Turmoil', Dec. 15, 2001
- Family of BOP Prisoner Awarded $1.1 Million in Wrongful Death Suit, Dec. 15, 2001
- Blind Ohio Prisoner Spends Months in Strip Cell, Nov. 15, 2001
- Mississippi Taxpayers Fund Welfare Payments to Private Prisons, Nov. 15, 2001
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