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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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- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025. War on Terror, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Terrorism.
- $6.75 Million Settlement Reached in Suit Accusing Massachusetts Guards of Retaliatory Assaults on Prisoners, Aug. 1, 2025. Racial Discrimination, Retaliation, Guard Brutality/Beatings.
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- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Guard Brutality/Beatings.
- $1.2 Million for New York Prisoner Waterboarded by Guards, Aug. 1, 2025. Staff-Prisoner Assault, Guard Brutality/Beatings, Exceptions.
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