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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:
- Eighth Circuit Revives § 1983 Complaint Alleging Jail Detainees’ Death from Stroke was Due to Deliberate Indifference and Failure to Train, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Failure to Train/Supervise, Deliberate Indifference.
- Alabama Barred from Executing Prisoner by Nitrogen Hypoxia, July 1, 2026. Totality of Conditions, Eighth Amendment, Death Penalty, Cruel and Unusual Punishment, Wrongful Use of Force.
- North Texas Prison Evacuated After Carbon Monoxide Leak, July 1, 2026. Toxic Fumes/Chemicals, Eighth Amendment, Exposure to Cold, Water, Exposure to Heat.
- New Jersey Lawmakers Pass “Female Incarcerated Person’s Rights Protection Act”, July 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Prison Rape Elimination Act, Staff Training, Mothers in Prison.
- Federal Conviction, Guilty Pleas for Jail Guards Responsible for Oklahoma Detainee’s Death, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Excessive Force, Civil Rights Actions or Offenses/Bivens Actions.
- Video Shows Guards Watched as Oklahoma Detainee Died in Cell, July 1, 2026. Corrections Corporation of America/CoreCivic, Contractor Misconduct, Guard Misconduct, Failure to Protect (General), Failure to Protect (Wrongful Death).
- After Spoliation Sanction, CoreCivic Settles Suit Over Suicide in New Mexico ICE Lockup, July 1, 2026. Corrections Corporation of America/CoreCivic, Discovery, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Suicides.
- CoreCivic’s Long Record of Abuse and Neglect in Tennessee, June 1, 2026. Corrections Corporation of America/CoreCivic, Systemic Medical Neglect, Guard Brutality/Beatings, Medical Neglect/Malpractice.
- Alabama Prison Warden Reportedly Arrested and Walked Off Job, June 1, 2026. Corrections Corporation of America/CoreCivic, Guard Misconduct, DOC/BOP misconduct, Government Misconduct.
- Warden, Four Other Louisiana Jailers Indicted for Brutalizing Compliant Detainees with Riot Shield, June 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Wrongful Use of Force.