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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:
- 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.
- $100,000 Paid to Five Prisoners Assaulted by Centurion Gynecologist at Florida Lockup, Sept. 1, 2026. Staff-Prisoner Assault, Prison Rape Elimination Act, Contractor Liability, Monell Liability, Deliberate Indifference.
- 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.
- Four Massachusetts Guards Face Charges for Assault on Prisoners During Brawl, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings.
- Report Highlights Repeated Overdoses at Florida County Jail, Sept. 1, 2026. Corrections Corporation of America/CoreCivic, Contractor Misconduct, Jail Misconduct, Drug Overdose.
- Last of 11 Guards Sentenced in Death of New York Prisoner, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death), False Statements/Perjury, Obstruction of Justice.
- New Connecticut Law Changes PREA Standards, Sept. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Administrative Exhaustion, Prison Rape Elimination Act, State Legislation.
- $500,000 for Mentally Ill Detainee Beaten by Guard at Ohio Jail, Sept. 1, 2026. Guard Brutality/Beatings, Summary Judgment, Settlements, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.