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Showing Of Malice Under Eighth Amendment Excessive Force Test Not Required For Sexual Assault Claim
By Ronald Young
The court of appeals for the Tenth Circuit held that it was plain error to instruct a jury that, to find a prison guard liable on excessive force claim where the guard allegedly raped prisoner, it had to find both that he forced the prisoner to have ...
The court of appeals for the Tenth Circuit held that it was plain error to instruct a jury that, to find a prison guard liable on excessive force claim where the guard allegedly raped prisoner, it had to find both that he forced the prisoner to have ...
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More from this issue:
- Prison Realty/CCA Verges on Bankruptcy, by Dan Pens
- $820,000 Awarded to Informant and Wife for Assault
- From the Editor, by Paul Wright
- Louisiana Sheriff Busted in Private Prison Scheme
- Habeas Hints: Williams Precedent, by Kent Russell
- $1,800 Awarded in PA Retaliation Suit
- Czech Prisons Reverberate as Thousands Protest, by Julia Lutsky
- Washington Jail Settles Exercise Suit
- Restrained Washington Prisoner Exonerated in Assault on Guard, by Terry A Kupers
- Another Texas Prison System Lockdown-Politics as Usual?
- $1.5 Million Awarded in Arizona Jail Medical Neglect Suit
- Staff Representative in Medication Hearing Must Have Medical Knowledge
- Brown Ad-Seg Due Process Claim Remanded for Hearing, by Ronald Young
- Administrative Exhaustion not Jurisdictional Satisfied by Letters to Defendants
- Texas Supreme Court Invalidates TDCJ-ID VitaPro Contract
- Sixth Circuit Orders Retrial of Retaliation Suit
- Showing Of Malice Under Eighth Amendment Excessive Force Test Not Required For Sexual Assault Claim, by Ronald Young
- Liberty Interest In New York Work Release, by Ronald Young
- Individual Analysis Required for Diabetic Class Action Damage Award, by Ronald Young
- $97,500 Awarded in NY Prison Work Accident
- No Pretrial Appeals of Motions to Dismiss
- Arizona Jury Acquits CCA Escapees
- Field 'Sleep Out' Without Adequate Toilet Facilities States An Eighth Amendment Violation, by Ronald Young
- Iowa Supreme Court Holds Liberty Interest in Good Time Law
- Slave Labor O.K. FLSA Does Not Apply to Detainees
- Mailbox Rule Applies to Section 2254/2255 Motions
- Private Prison Contract May be Invalid
- Retaliation Claim Remanded for Hearing on Qualified Immunity, by Ronald Young
- Prison Riots in Peru
- $12,000 Awarded in NY Slip and Fall
- IN Jail Settles Victim Suit for $650,000
- The Western Prison Project
- Marriott Cancels Prison Protest Concert
- News in Brief
- $47,500 Settlement in Pennsylvania Restraint Suit
- $100,000 Awarded Under ICCPR in GA Jail Suit
- The Politics of Heroin: CIA Complicity in the Global Drug Trade, by Rick Card
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
More from these topics:
- Illinois Supreme Court Announces Conviction for Attempted First Degree Murder Requires ‘Intent to Kill Without Lawful Justification, Aug. 1, 2025. Jury Instructions, Ineffective Assistance of Counsel, Inconsistent.
- Beyond the City Limits: How Rural Sheriff’s Departments Are Driving the Spike in Police Killings, Aug. 1, 2025. Excessive Force, Shootings, Police--Excessive Force, Excessive Force (Police).
- Class-Action Suit at BOP “Rape Club” in California Settled for Record $116 Million, July 15, 2025. Staff-Prisoner Assault, DOC/BOP misconduct, Settlements, Injunctions, Class Actions.
- Ninth Circuit Affirms Dismissal of Arizona Challenge to Private Prisons, July 15, 2025. Private Prisons, Eighth Amendment, Thirteenth Amendment, rights, Fourteenth Amendment, rights.
- News in Brief, July 15, 2025. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Failure to Protect (General), Pepper Spray/Tear Gas, halfway houses, New Trial/Judgment of Acquittal, Bribery/Extortion/Theft, Fraud and Deceit.
- Former New Jersey Jailers Plead Guilty to Beating Detainee for Tossing Urine, July 15, 2025. Guard Misconduct, Guard Brutality/Beatings, Prisoners' Rights.
- First of 10 Guards Charged with Killing of New York Prisoner Pleads Guilty, July 15, 2025. Guard Brutality/Beatings, Excessive Force (Wrongful Death), False Statements/Perjury.
- From the Editor, July 15, 2025. Staff-Prisoner Assault, Guard Misconduct, Prison Rape Elimination Act, Censorship.
- New Jersey Supreme Court Refuses Guard’s Challenge to Firing for Failing to Report Kiss with Prisoner, July 15, 2025. Staff-Prisoner Assault, Staff-Prisoner Harassment, Guard Misconduct, Employee Litigation.
- 14th Alabama Sheriff’s Employee Pleads Guilty in Jail Detainee’s Death by Freezing, July 15, 2025. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death).