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FTCA, Bivens Claims in Beating Suit Proceed in Bifurcated Trial
Loaded on March 15, 2001
published in Prison Legal News
March, 2001, page 5
Orlando Ortiz, a pretrial detainee, brought action for use of excessive force during a pat search under the Federal Tort Claims Act, 28 U.S.C. §26722680 (FTCA), and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 833 (1971). Ortiz charged that Lt. Carl A. Pearson ...
Filed under:
Pat Searches,
Guard Brutality/Beatings,
Juries,
Federal Tort Claims Act,
Immunity/Liability,
Qualified Immunity,
Sovereign Immunity.
Location:
New York.
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More from this issue:
- Deadly Nostalgia: The Politics of Boot Camps, by Christian Parenti
- Riot at CCA Prison Hospitalizes 15 Guards, by Gary Hunter
- FTCA, Bivens Claims in Beating Suit Proceed in Bifurcated Trial
- The Spirit of Freedom and Resistance, Long Kesh Prison Closed, by Julia Lutsky
- Cook County Deputies Charged in Beating Death
- BOP Organ Transplant Ban Questioned
- U.S. Isolates Political Prisoners, by Ronald Young
- Feds Continue Abuse of El-Hage
- WA DOC Sells Prisoner Information
- The Continuing Saga of Corruption in the New York State Parole System
- Texas Deputy Pays Price for Testifying
- Jail Term for DUI Turns into Death Sentence
- Texas Death Machine Faces Renewed Criticism
- Wildfires Highlight Cheapness of Prisoner Lives
- Ad Seg States Claim, But Loses on Merits
- Lorton Conditions Unconstitutional
- Colorado Prisoner Challenges 'Sex Offender' Label
- BOP Possession Offense Requires Specific Intent
- Permanent Injunction Granted for Kosher Diets
- SHU Should Be Compared to Conditions Experienced by All Prisoners
- Consent No Defense For Guard Accused of Raping Prisoner
- Court May Reduce Post-Judgement Attorney's Fees Rate and Billable Hours
- NJ Prisoners Entitled to Cross Examine Witnesses
- "The Judge Gave Me Ten Years--He Didn't Sentence Me to Death", by Anne-Marie Cusac
- Oregon Compelled Parole Statute Not Retroactive
- Improperly Installed Bunks State 8th Amendment Claim
- Second Circuit Holds That Gang Member Designation Regulation is Not Ex Post Facto
- PLRA Doesn't Apply to Civil Commitments
- News in Brief
- $1.18 Million in Santa Clara Co. Sexual Assault/Harassment Suit
- New York Prayer Rule Struck Down
- Federal Religious Freedom Law Passed
More from these topics:
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- News in Brief, June 1, 2025. Staff-Prisoner Assault, Guard Misconduct, Excessive Force, Guard Brutality/Beatings, Ineffective Assistance of Counsel.
- $500,000 for Colorado Detainee Dropped On His Face by Jailers, June 1, 2025. Jail Misconduct, Guard Brutality/Beatings, Failure to Treat (Mental Illness).
- Academic Study of Prison Guards’ Use of Excessive Force Details Sad State of Civil Rights for Abused Prisoners, June 1, 2025. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Dogs, Burning, Electric Fences, Laser Weapons.
- $50,000 for Excessive Force Claim by Maryland Prisoner Who Used to Be a Guard, June 1, 2025. Classification, Guard Brutality/Beatings, Legal Mail.
- Rural Virginia Jury Refuses to Hold Guards Liable for State Prisoner’s Death, June 1, 2025. Failure to Protect (General), Guard Brutality/Beatings, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness).
- $1.3 Million for Massachusetts Prisoner Stabbed by Guard in Connecticut Lockup, June 1, 2025. Guard Misconduct, Failure to Protect (General), Guard Brutality/Beatings.
- Eighth Circuit Lets Missouri Guard Skate For Placing Avowed Enemies In Same Cell, Resulting In Assault, June 1, 2025. Classification, Failure to Protect (General), Qualified Immunity.
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- Connecticut Court Denies Access to Video of Prisoner’s Fatal Beat-Down by Guards, May 1, 2025. Guard Misconduct, Videotaping, Guard Brutality/Beatings.