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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:
- Tenth Circuit Upholds Nearly $8.8 Million Judgment for Utah Jail Death, June 1, 2025. Injury -- Misc., Drug/Alcohol Withdrawal, Medical Neglect/Malpractice.
- 11th Alabama Sheriff’s Employee Pleads Guilty in Jail Detainee’s Death, Admits Stomping Him in Genitals, June 1, 2025. Jail Misconduct, Guard Brutality/Beatings, Failure to Protect (Staff).
- Connecticut Court Denies Access to Video of Prisoner’s Fatal Beat-Down by Guards, May 1, 2025. Guard Misconduct, Videotaping, Guard Brutality/Beatings.
- New York Prisoner Awarded Almost $280,000 in Retaliation Claim Against Guards, May 1, 2025. Retaliation for Filing Grievances, Guard Brutality/Beatings, Settlements.
- Pittsburgh Lockup Accounts for 43% of Pennsylvania Jail TASER Use, Suit Filed, May 1, 2025. Guard Brutality/Beatings, Stun Guns/Tasers, Prison Litigation Reform Act (PLRA).
- 20 Charged in Nevada Prison Brawl That Left Three Dead, May 1, 2025. Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- Wisconsin Prisoner Inhaled His Own Teeth in Fatal Beatdown, May 1, 2025. Excessive Force, Pretrial Detention and Detainees, Assault Weapons.
- Kentucky Jail Sued for Detainee’s Death, Prisoner’s Stillborn Child, May 1, 2025. Guard Brutality/Beatings, Medical Neglect/Malpractice, Children of Prisoners, Deliberate Indifference.
- Three More Prisoners Die, Three More Staffers Fired at Wisconsin Prison, April 1, 2025. Guard Misconduct, Guard Brutality/Beatings, Failure to Protect (Wrongful Death).
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