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Hitching Post Unconstitutional
Loaded on March 15, 2002
by David Reutter
published in Prison Legal News
March, 2002, page 10
Filed under:
Gang Policies,
Work,
Prison Labor,
Chain Gangs,
Eighth Amendment,
Toilets,
Water,
Exposure to Heat,
Restraints,
Qualified Immunity.
Location:
Alabama.
The Court of Appeals for the Eleventh Circuit has held that handcuffing a prisoner to a hitching post for prolonged periods violates the Eighth Amendment, but granted guards qualified immunity. Alabama prisoner Larry Hope was assigned to the chain gang at Limestone Correctional Facility (Limestone) in 1995 .On two occasions ...
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More from this issue:
- Idaho's Prison Labor Scandal, by Silja JA Talvi
- Stun Gun, Four-Point Restraint Use Curtailed in Virginia Prisons
- From the Editor, by Paul Wright
- Washington DOC Settles Wrongful Death Suit for $245,000
- BOP Settles Prisoner Beating/Restraint Lawsuit for $99,000
- Puerto Rico Prison Officials Fined $10 Million
- Res Judicata Dismissal of Texas Prisoner's Suit Reversed
- Third Circuit Holds PLRA Bars Claims for Compensatory Damages
- Hitching Post Unconstitutional, by David Reutter
- Claims Dismissed in First Challenge to BOP Communications Ban
- Prison Coffee and Games: Starbucks and Nintendo Admit Their Contractor Uses Prison Labor, by Erica C Barnett
- No Qualified Immunity for Prison Officials Who Upheld Grievance
- Recent Significant Decisions, by Reaves, Jr, Walter M
- Qualified Immunity Upheld for Probation Officer in HIV Privacy Action
- State Prisons Abrogate Attorney-Client Mail Privilege
- Equitable Tolling May Apply to Administrative Exhaustion
- Pennsylvania's Released Felons Granted Right to Register to Vote
- The Cost of Medical Neglect in Washington Prisons, by Sam Rutherford
- $225,000 Paid in Mentally Ill Prisoner's Death
- $630,000 Plus Paid in Ulcer Related Death
- $180,000 for Loss of Vision in Left Eye
- $25,000 Paid for Misdiagnosed Blood Clot
- $62,000 in Slip and Fall/Medical Neglect/Retaliation Case
- $100,000 for Brain Damaged Prisoner
- $40,000 for Achilles Tendon Injury
- $6,000 for Amputated Ring Finger
- $5,000 Paid for Failure to Treat Iritis
- $8,500 for Surgical Mishap
- $13,500 for Ruptured Appendix
- $15,000 in Allergy/Retaliation Suit
- $250 for Providing Wrong Medication
- $5,000 for Severed Tendon
- $1,500 Paid for Failure to Provide Pain Medication
- $1,500 for Refusal to Treat HIV Positive Cancer Patient
- $1,500 for Failure to Assist Disabled Prisoner
- $1,000 for Unnecessary Appendectomy
- $250 for Lack of Aftercare Following Stroke
- $200 for Providing Wrong Medication
- Inadequate Dental Care Results in Settlement
- Washington DOC Virtually Uninsurable
- New Retaliation Standard Defined
- Pro Se Appellants Must Cite Authority
- NCIA Report Finds Prison Race Statistics Distorted
- New York Court Limits "Son of Sam" Law
- New York Expands "Son of Sam" Law Giving Crime Victims More "Clout", by Lonnie Burton
- PLN Awarded $58,059 in Attorneys' Fees in Oregon Bulk Mail Suit; PLRA Doesn't Apply, Injunction Entered
- New York Failure to Protect Claim Set for Trial: Bilingual Counsel Appointed
- Sixth Circuit Finds Ohio Response to Jewish Prisoner's Hair 'Exaggerated'
- Ohio Appeals Court Allows Prisoner's Request for Past Work Information on Guards
- Arizona Prisoner Adequately Pleaded Section 1983 Claim
- News in Brief
More from David Reutter:
- Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of Appeals, April 15, 2025
- Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises, April 15, 2025
- Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, April 1, 2025
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
More from these topics:
- 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.
- Study Finds Just 1% of Prisoner’s Eighth Amendment Claims Succeed, May 1, 2025. Retaliation for Filing Grievances, Systemic Medical Neglect, Eighth Amendment, Administrative Exhaustion (PLRA), Cruel and Unusual Punishment.
- 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).
- Texas Prison Heat Declared Unconstitutional, May 1, 2025. Eighth Amendment, Exposure to Heat, Preliminary Injunctions/TRO's, Cruel and Unusual Punishment.
- Three Former Virginia Jailers Charged After Detainee Dies in “WRAP” Restraint, April 1, 2025. Guard Misconduct, Restraints, Excessive Force (Wrongful Death).
- Eighth Circuit: Arkansas Prisoner Who Had Consensual Sex With Guard Cannot Sustain Eighth Amendment Claim, April 1, 2025. Eighth Amendment.
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025. Eighth Amendment, Felon Disenfranchisement Statute.
- Ninth Circuit Revives Lawsuit Over Arizona Prisoner’s Heat-Related Death, March 1, 2025. Exposure to Heat, Failure to Protect (Wrongful Death).
- Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Jailers Who Ignored Detainee’s Spider Bite, March 1, 2025. Failure to Treat, Qualified Immunity, Immunity - Absolute and Qualified.
- $100,000 Settlement Reached in New York Prisoner’s Solitary Confinement Suit, After Jury for First Time Finds Practice Violates Eighth Amendment, March 1, 2025. Eighth Amendment, Settlements, Control Units/SHU/Solitary Confinement.