×
You've used up your 3 free articles for this month. Subscribe today.
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.
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
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:
- 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.
- 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.
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026. Strip Searches, Qualified Immunity, Fourth Amendment, rights, Suspicionless Searches.
- Four Massachusetts Guards Face Charges for Assault on Prisoners During Brawl, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings.
- 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.
- $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.
- Troubled Illinois Lockup Sees Guard Abuses, Prisoners on Hunger Strike, Sept. 1, 2026. Hunger Strikes, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints, Administrative Detention/Segregation.
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- At Least Three Guards Charged for Assaulting Two Massachusetts Prisoners, Aug. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Assaults on Staff, Wrongful Use of Force.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.