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Malicious Use of Force Violates Eighth Amendment
Loaded on Oct. 15, 2001
by John E Dannenberg
published in Prison Legal News
October, 2001, page 17
The Third Circuit held that in claims alleging the malicious use of force by prison guards the wantonness of the attack, rather than the degree of injury suffered, is the dispositive issue for courts reviewing such claims on summary judgment.
Filed under:
Guard Brutality/Beatings,
Restraints,
Summary Judgment,
Telephones,
Attorney Calls.
Location:
Pennsylvania.
Pennsylvania state prisoner Alan Brooks filed suit claiming that prison …
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More from this issue:
- America's Jails: The Dungeons of the New Millenium, by Sam Rutherford
- From the Editor, by Paul Wright
- The Connally Seven - A Texas Prison Escape and its Aftermath, by Roger Hummel
- Not Part of my Sentence: The Rape of Washington Prisoners, by Silja JA Talvi
- The Cost of Running Washington's Rape Camps, by Paul Wright
- Male Prisoner Settles Guard Rape Suit for $6,000
- Qualified Immunity Denied in Washington Rape of Transsexual Prisoner
- Jury Awards $5,000 to Beaten Texas Prisoner
- BOP Lieutenant Pleads Guilty to Brutality Charges, by Robert Durkee
- Malicious Use of Force Violates Eighth Amendment, by John E Dannenberg
- Damages in Denial of Exercise Suit Reversed
- Use of Restraint Chair Not Cruel and Unusual Punishment
- Chinese Company Convicted of Using Forced Prison Labor
- The Prison Payoff: The Role of Politics & Private Prisons in the Incarceration Boom
- PLN Wins Nevada Censorship Suit
- California State Prisoner's Handbook, by John E Dannenberg
- Sanction Excessive When It Excludes Medical Expert's Testimony
- Administrative Exhaustion Not Jurisdictional, by John E Dannenberg
- Federal Appellate Rule 4(a)(6) Trumps Civil Rule 60(b)
- Diabetic Prisoner's Deliberate Indifference Claim to Proceed to Trial
- Denial of Interest Does Not Violate Takings Clause
- Ohio ACLU Challenges Supermax
- The Prison Activist Resource Center: It's About Sharing Resources and Working Collectively, by Marti Hiken
- Sixth Circuit Upholds PLRA Attorneys' Fees Cap
- News in Brief
More from John E Dannenberg:
- California’s “Realignment” Law Sends 38,000 State Prisoners to County Control, Aug. 11, 2016
- Pennsylvania Prisoner Gets $12,500 in Retaliation Suit After Remittitur, Jan. 15, 2010
- Nebraska Muslim Prisoner Wins Religious Concessions, April 15, 2009
- Illegal Strip Searches During Minor Charges Net Sacramento Jail Detainees $1,000 Each, May 15, 2007
- California: Knowing Waiver of Conduct Credits at Plea Agreement Controls Upon Later Probation Violations, May 15, 2007
- Arizona Internet Ban Permanently Enjoined, May 15, 2007
- California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity, May 15, 2007
- California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns, May 15, 2007
- PLN Wins FOIA Suit to Gain Copies of BOP Verdicts and Settlements without Charge, Sept. 15, 2006
- Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights, Sept. 15, 2006
More from these topics:
- Washington Governor Fires Independent Prison Watchdog, May 1, 2026. DOC/BOP misconduct, Government Misconduct, Pepper Spray/Tear Gas, Restraints, Administrative Detention/Segregation.
- Atlanta Jail Boasts Improvements Since Consent Decree, Reports from Monitor and ACLU Are More Critical, May 1, 2026. Staffing, Sanitation, Guard Brutality/Beatings, Consent Decrees, Bail/Pretrial Release.
- Oklahoma Supreme Court: Jail Trust Cannot Withhold Requested Records under Law Enforcement Exemption of ORA, May 1, 2026. Summary Judgment, Disclosure of Records, Public Records, Public Records Act, Statutory Construction/Interpretation.
- Six Maryland Guards Convicted in Prisoner’s Beating, Cover-up; § 1983 Suit Filed, May 1, 2026. Guard Brutality/Beatings, 42 U.S. Code § 1983, civil action for deprivation of rights, Obstruction of Justice, Wrongful Use of Force, Evidence - Destruction/Fabrication/Manipulation of.
- Indiana DOC Found in Violation of State Public Records Act for Withholding Execution Drug Cost Information, May 1, 2026. Summary Judgment, First Amendment, Public Records Act, Interlocutory Appeals, Lethal Injection Method of Execution.
- Judge Denies New York Prison Chief’s Motion to be Dismissed from Case Related to Robert Brooks’ Murder, May 1, 2026. Work Strikes, Guard Brutality/Beatings, Failure to Train/Supervise, Police--Excessive Force, Deliberate Indifference.
- Eighth Circuit Revives Lawsuit Over Iowa Jail Detainee’s Suicide, April 1, 2026. Summary Judgment, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Eighth Circuit Rules Iowa Prisoner’s Adverse Summary Judgment Is Not a “Strike”, March 1, 2026. Filing Fees (PLRA), Frivolous Litigation (PLRA), Summary Judgment, Failure to Treat (Mental Illness), Access To Courts.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.