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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 …
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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:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- Prison Profiteer The GEO Group Accused of Refusing Health Inspections at Detention Facility Despite Court Ruling, June 1, 2026. GEO Group/Wackenhut, Food, Water, Injunctions, Immigration Detention.
- $1 Million Settlement Reached in Jail Suicide of Maryland Detainee Whose Emergency Hospitalization Order Was Ignored, June 1, 2026. Qualified Immunity, Failure to Protect (Wrongful Death), Suicides, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Sixth Circuit Rules Prisoner Held After Parole Board Ordered Release on Parole Could Not State a Rights Violation Claim, June 1, 2026. Parole, Overdetention, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Federal Judge Upholds Infamously Brutal Farm Labor at Angola Prison, June 1, 2026. Racial Discrimination, Prison Labor, Exposure to Heat, Cruel and Unusual Punishment, Deliberate Indifference.
- Washington Governor Fires Independent Prison Watchdog, May 1, 2026. DOC/BOP misconduct, Government Misconduct, Pepper Spray/Tear Gas, Restraints, Administrative Detention/Segregation.
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- Texas Officials Testify That Cost to Air Condition Prisons Tops $1.5 Billion, May 1, 2026. Eighth Amendment, Exposure to Heat, Administrative Exhaustion (PLRA), Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- Missouri Prisons Called Out for Incomplete Death Records, Hellish Solitary Heat, April 1, 2026. DOC/BOP misconduct, Systemic Medical Neglect, Exposure to Heat, Confinement in Segregated Housing, Deliberate Indifference.
- Unsafe Drinking Water at Multiple Texas Prisons Highlights Lack of Transparency, April 1, 2026. DOC/BOP misconduct, Infections, Environmental Law, Water, Public Records Act.

