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Pepper Spray Drift Injury Can Be Actionable

Loaded on Nov. 15, 2003 by John E Dannenberg published in Prison Legal News November, 2003, page 32
Filed under: Medical, Respiratory, Injury -- Misc., Pepper Spray/Tear Gas, Qualified Immunity. Location: California.
by John E. Dannenberg


The Ninth Circuit U.S. Court of Appeals held that where guards' pepper spraying of combatant prisoners in one cell did not violate their Eighth Amendment rights against cruel and unusual punishment, the drift of the spray to neighboring cells, with no attention to calls of distress, …

 

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  1. Bloated Prison Budget Fuels California's Degenerative Incarceration Spiral, by John E Dannenberg
  2. Washington Mail Ruling Published
  3. From the Editor, by Paul Wright
  4. Pro Se Tips and Tactics: Magistrate Judges in Federal Courts, by John Midgley
  5. South Carolina Cuts ACA Accreditation at Four State Prisons, by Lonnie Burton
  6. World Court Orders U.S. to Stop Executing Mexicans
  7. Over 600 Prisoners Brutalized by New Jersey Prison Guards, by Gary Hunter
  8. Texas Doesn't Have to Pay Interest on Trust Fund Accounts
  9. Court Reporter Jailed for Botching VitaPro Trial Transcripts; Convicted Prison Chief Still Free
  10. Sexual Abuse at Haltom City Jail in Texas
  11. Mothers in Prison Losing All Parental Rights, by Ann Farmer
  12. Inmate Compensation Program Applies to Federal Pretrial Detainees
  13. Phoenix Sheriff Arpaio Liable for Tent City Assault, Prisoner Awarded $635,532
  14. Ninth Circuit Judge Investigated for Writing Condemned Prisoner
  15. Jury Awards $1.75 Million Against CMS in Illinois Jail Suicide
  16. Kansas Prisoners Denied Credit for Time on Parole
  17. Expert Testimony Required in Alaska Medical Suits
  18. 100+ Canadian Prisoners Attempt to Escape from Private Superjail; Racial Profiling Alleged
  19. Injunction Prohibits Virginia Grooming Policy Enforcement on BOP Prisoners
  20. Washington Supreme Court Upholds Denial of Negligent Parole Supervision Claim
  21. First Circuit Reverses 12(b)(6) Dismissal in Jail Rape Case
  22. Confinement for Nonpayment Without Willfulness Violates Due Process
  23. Trial Required in Pennsylvania Guard Beating, by John E Dannenberg
  24. Education in Prison Declines
  25. Texas Courts Clarify Prisoners' Right to Civil Bench Warrant
  26. Gay Prisoners Not Entitled to Double-Occupancy Cell
  27. Unauthenticated Evidence Does Not Support Summary Judgment
  28. Incarceration Not Grounds for Termination of Parental Rights in Nevada
  29. $112.50 Per Hour Post-Judgment Attorney Fees Upheld Under PLRA, by Bob Williams
  30. Eighth Circuit Affirms Damages Award, Discovery Sanctions, Fees in Missouri Pepper Spray Case
  31. America Without the Death Penalty: States Leading the Way, by Robert Woodman
  32. Oklahoma Prisoner/Paupers May Be Required to Pay Partial Filing Fee
  33. Video-Visits Out in New Mexico Prisons, by Gary Hunter
  34. Arizona Surcharge on Fines Upheld
  35. Oklahoma Jail Pays $385,000 Settlement in Baby's Death
  36. Guard Awarded $515,813 Against Private Medical Provider
  37. Texas Court Abused Discretion by Dismissing Prisoner's Retaliation Suit
  38. Pepper Spray Drift Injury Can Be Actionable, by John E Dannenberg
  39. Texas Prisoner Gets 30-Day Grace Period to File Expert Affidavit
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  41. Sex Offender Registries Asked: Where Are All the Sex Offenders?

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