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Sexual Assault, Beatings State Claim
Loaded on Dec. 15, 2000
published in Prison Legal News
December, 2000, page 17
The court of appeals for the Second circuit held that a district court erred when it, sua sponte, dismissed a prisoner's claim that he was beaten and sexually assaulted by guards. The court also held that the lower court erred when it dismissed the suit under the Prison Litigation Reform …
Filed under:
Staff-Prisoner Assault,
Injury -- Misc.,
Eighth Amendment,
Administrative Exhaustion (PLRA),
Physical Injury Rule,
Excessive Force,
Guard Brutality/Beatings.
Location:
New York.
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- CMS Fined Nearly $1 Million in Virginia, by Dan Pens
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- CA Court Overrules Parole Denial, by John E Dannenberg
- Controversy Surrounds Letourneau Tape
- WA Civil Commitment Ruling Published
- Perpetuating Crime, Consolidating Power, by Janet Stanton
- Actual Innocence--Five Days to Execution and other Dispatches From the Wrongly Convicted, by Roger Hummel
- Stun Gun Death in VA Prison
- Alabama Officials Guilty in Phone Scam
- Error to Dismiss Suit for Inability to Pay Filing Fee
- PLRA Physical Injury Rule Does Not Apply to Mail Claims
- Sandin Limits Property Interests
- Pro Se Tips and Tactics, by John Midgley
- Dismissal for Texas Prisoner's Failure to State Facts of Prior Suits
- Excessive Force Claims Require Administrative Exhaustion
- Sexual Assault, Beatings State Claim
- En Banc Sixth Circuit Addresses Mental Health Care
- WA 35% Seizure Statute Ruled on by Ninth Circuit, by Paul Wright
- Notes From the Unrepenitentiary: CA Prisoners Denied Medical Care, by Linda Evans
- News in Brief
- Death as a Salesman: Benneton Ad Campaign Comes to Death Row, by Dan Pens
- Family Impact of Out of State Transfers Immaterial
- Illinois Supermax Hunger Strike, by Dan Pens
- Idaho Prisoners Can Sue for On-the-Job Injuries
- False Evidence Meets Some Evidence Standard
- Attorney Fees Awarded in Challenge to Nevada Shooting Policy
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More from these topics:
- Eleventh Circuit Upholds Most of Relief Ordered in Class-Action Lawsuit Challenging Unconstitutionally Inadequate Mental Health Care in Alabama Prisons, Oct. 1, 2026. Eighth Amendment, Staffing, Injunctions (PLRA), Failure to Treat (Mental Illness), Suicides.
- BOP Prisoner’s Claim Over Denied Medical Care Ruled Impermissible Bivens Extension, Oct. 1, 2026. OB/GYN, Failure to Treat, Administrative Exhaustion (PLRA), Grievances, Adequacy of Remedy.
- 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.
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026. Staff-Prisoner Assault, Qualified Immunity, Fourteenth Amendment, rights, Pretrial Detention and Detainees, Wrongful Use of Force.
- 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.
- Eleventh Circuit Affirms Refusal to Expand Bivens to Claim Alleging Federal Prisoner Died from Denial of Treatment for Hepatitis C, Oct. 1, 2026. Medical, Eighth Amendment, Administrative Exhaustion, Civil Rights Actions or Offenses/Bivens Actions, Deliberate Indifference.
- L.A. County Begins Making Nearly $5 Billion in Payouts to Survivors of Sex Abuse in Juvenile Detention, Sept. 1, 2026. Sexual Assault, Staff-Prisoner Assault, Prisoner-Prisoner Assault, Guard Misconduct, Jail Misconduct, Settlements, Juvenile Offenses/Offenders.
- “Nothing Short of Disgraceful”: New York Prisoner Wins Injunction Ordering Cancer Treatment Delayed Seven Years, Sept. 1, 2026. Cancer, Failure to Treat, Eighth Amendment, Injunctions, Deliberate Indifference.
- 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.

