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5-Point Restraints = Excessive Force + Due Process Violation Results in $25,000 Virginia Damage Award
Loaded on Feb. 15, 2007
published in Prison Legal News
February, 2007, page 18
A federal court in Virginia held that subjecting a prisoner to five-point restraints for 46-48 hours on five occasions was cruel and unusual punishment. It also found the lack of procedural protections deprived the prisoner of due process of law.
Filed under:
Toilets,
Restraints,
Damages,
Immunity/Liability,
Qualified Immunity.
Location:
Virginia.
Charles Card was confined at Virginia?s Sussex II State Prison ...
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More from this issue:
- Still More Murder and Mayhem in Maryland, by Michael Rigby
- From the Editor, by Paul Wright
- Confronting Confinement, A Report On Safety and Abuse In America’s Prisons, Vera Justice Institute (2006), 118 pp., by John Dannenberg
- Sacramento Jail Rampant with Excessive Force and Brutality, by Gary Hunter
- Bureau of Prisons Begins Certifying Sexually Dangerous Persons, by David Beneman
- New York’s Prison System Infested With Drugs, by David Reutter
- High Ranking Louisiana Prison Official Pleads Guilty to Federal Charges, by Gary Hunter
- California Habeas Handbook, Expanded 5th Edition, by Attorney Kent Russell, Sept. 2006, 114 pages plus appendix, soft cover, by John Dannenberg
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- Correct Rx a New Major Player in the Prison Drug Industry, by Gary Hunter
- The Warehousing of New Hampshire’s Mentally Ill, by David Reutter
- Seizure of Washington Prisoners’ Cash at Jail Booking Unconstitutional, by Michael Rigby
- Prison TB 10 Times Higher Than Non-Prison Cases
- Fulton County Reinstates Deputies Fired in Killing Rampage
- $400,000 Wrongful Death Settlement After San Diego Jailers Hog-Tied Prisoner, by John Dannenberg
- 1997 Changes in Pennsylvania Commutation Law Held Ex Post Facto, by John Dannenberg
- Summary Judgement Reversed on Illinois Outgoing Mail Ban
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- North Carolina Jail Prisoner Killed During Court Appearance, by Gary Hunter
- Cleaning up Mississippi’s Supermax: Conditions Suit Settled, by David Reutter
- Prison Deaths: A National Shame, by Ira P. Robbins
- California DOC Medical Receiver’s Initial On-The-Job Impression: “Conditions Disgraceful”, by John Dannenberg
- California Governor Vetoes Open Records, Prisoner Condoms and Media Access Bills, by John Dannenberg
- U.S. Spends Record $185 Billion on Justice System is 2003, by Matthew Clarke
- New York’s Governor Vetoes New Treatment Facilities For Mentally Ill Prisoners, by John Dannenberg
- Mississippi DOC Guts TB Program
- Colorado Parolee’s Disenfranchisement Upheld
- PLN Awarded $48,709 In Attorney Fees After Successful FOIA Suit Against BOP
- Family of Texas Prisoner Murdered in Geo-Operated Prison Awarded $47.5 Million, by Michael Rigby
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- New Jersey Prison Commissioner’s Complete Ban On Media Lifted, by Gary Hunter
- Michigan Jail Prisoners Pay For Incarceration, by Gary Hunter
- Sixth Circuit Extends Abela Ruling to Parole Denial Habeas Petitions
- Virginia Prison Minister Indicted on Sex Charges; Ministries Under Fire, by Gary Hunter
- Garnishment of Ohio Prisoner’s Account Permitted to Pay Court Costs
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- New Jersey Sex Offenders Must Be Protected and Segregated During Transports
- MO Jail Guards Denying Seizure Medication amd Assigning Prisoner to Top Bunk May Violate 8th Amendment
- Nebraska UA Procedures Do Not Violate Due Process
- Illinois Jail’s Strip Search Policy Unconstitutional, by Michael Rigby
- Native American Entitled to Prayer Feather
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- $250,000 Verdict for South Carolina Prisoner Pepper-Sprayed in Face Without Cause by Guard, July 15, 2025. Guard Brutality/Beatings, Pepper Spray/Tear Gas, Qualified Immunity.
- Academic Study of Prison Guards’ Use of Excessive Force Details Sad State of Civil Rights for Abused Prisoners, June 1, 2025. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Dogs, Burning, Electric Fences, Laser Weapons.
- Eighth Circuit Lets Missouri Guard Skate For Placing Avowed Enemies In Same Cell, Resulting In Assault, June 1, 2025. Classification, Failure to Protect (General), Qualified Immunity.
- 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.
- 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).
- Three Former Virginia Jailers Charged After Detainee Dies in “WRAP” Restraint, April 1, 2025. Guard Misconduct, Restraints, Excessive Force (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.