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Excessive Force and Delaying Medical Treatment Defeats Dismissal
Loaded on Jan. 15, 2003
published in Prison Legal News
January, 2003, page 25
A federal district court in Rhode Island has denied a prison guard's Motion to Dismiss a prisoner's claim that the guard intentionally slammed a cell door on the prisoner's fingers, and waited over an hour to get the prisoner medical treatment. Rhode Island prisoner Anthony S. Ducally sued under 42 …
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More from this issue:
- Washington Prison Health Care Substandard, by Angela Galloway
- From the Editor, by Paul Wright
- Habeas Hints: Procedural Update, by Kent Russell
- The Long Silence: Federal Prisoners' Fight to Get the Word Out Reaches Unprintable Extremes, by Alan Prendergast
- Book Review: From Prison to Home, by Roger Hummel
- North Carolina Jail Fire Kills Eight Prisoners
- Alabama DOC Quickly Settles Prison Working Conditions Suit, by John E Dannenberg
- Hustler Magazine Survives Arizona Prison Obscenity Test
- Los Angeles County Settles Overdetention Suits for $27 Million, by John E Dannenberg
- Sexual Assault Violates Eighth Amendment
- Wackenhut Warden and Six Guards Convicted In New Mexico Prisoner Beatings
- California's Parole Revocation System Violates Due Process, by John E Dannenberg
- Virginia Guards Acquitted of Assaulting Prisoner, by Michael Rigby
- Sentence Commuted for Sexually Assaulted New Mexico Prisoner
- Ninth Circuit Upholds BOP's Prorated Good Time Formula
- Inartful Pro Se Exhaustion of Administrative Remedies Survives Motion to Dismiss
- Deaf Michigan Prisoner's ADA/RA Suit Survives Dismissal Challenge
- USPC Parole Revocation Policies Violate Due Process, by David Reutter
- Trial in Prison Violates Oregon's "Public Trial" Guarantee
- Amendment of Complaint to Identify Unknown Defendant Denied
- Denial of Wheelchair Claims Survive Summary Judgment
- PLRA Does Not Apply to Juvenile Facilities; $379,000 Attorney Fees and Costs Awarded, by David Reutter
- Excessive Force and Delaying Medical Treatment Defeats Dismissal
- Diabetic's Amputation Suit Set for Trial
- No Immunity for Failing to Protect Murdered Informant; Correctional Industries Employees Are State Actors
- Colorado Ad-Seg Decisions Subject to Judicial Review
- 7th Circuit: PLRA Exhaustion Requirements Retroactive; BOP Has Late Grievance Hardship Exception
- $27,848.30 Award in Texas Jail Slip and Fall Upheld
- A Jailhouse Lawyer's Manual, Fifth Ed. and 2002 Supplement, by Paul Wright
- Less Restrictive Alternatives Must Be Considered in Washington Sex Predator Commitments
- Brutal Jail Conditions Warrant Reduced Federal Prison Sentence
- News in Brief
- FLSA Inapplicable to Oklahoma Prisoners in Private Prisons
- 7th Circuit Denies Qualified Immunity on ETS Claim
- All Aspects of Inadequate Medical Need Not Be Exhausted
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.
- 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.
- 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.
- Ombudsman Report Finds Use of Force Misapplied in Contraband Search, Aug. 1, 2026. Guard Misconduct, Failure to Treat, Body Cavity Searches, Guard Brutality/Beatings, Pepper Spray/Tear Gas.
- $1.2 Million for Elderly Detainee Shoved Out the Door of Sacramento Jail by Guard, Aug. 1, 2026. Guard Brutality/Beatings, Americans with Disabilities Act, Rehabilitation Act, Failure to Treat (Mental Illness), 42 U.S. Code § 1983, civil action for deprivation of rights.
- $6.35 Million Paid for Ohio Jail Detainee’s Spinal Cord Injury Caused by Guard, Aug. 1, 2026. Guard Misconduct, Malpractice, Guard Brutality/Beatings, Settlements, Wrongful Use of Force.

