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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
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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.
- Third Circuit Denies Qualified Immunity to Pennsylvania DOC in Prisoner’s Challenge to 26 Years of Solitary Confinement, May 1, 2025. Qualified Immunity, Control Units/SHU/Solitary Confinement.
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- Pittsburgh Lockup Accounts for 43% of Pennsylvania Jail TASER Use, Suit Filed, May 1, 2025. Guard Brutality/Beatings, Stun Guns/Tasers, Prison Litigation Reform Act (PLRA).
- 20 Charged in Nevada Prison Brawl That Left Three Dead, May 1, 2025. Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- Fifth Circuit Denies Qualified Immunity to Louisiana Officials Who Forced Prisoner to Work with Broken Surgical Screws in Ankle, May 1, 2025. Prison Labor, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference, Fair Labor Standards Act (FLSA).
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