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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
- 5-Point Restraints = Excessive Force + Due Process Violation Results in $25,000 Virginia Damage Award
- 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
- Federal Court Compels Activation of California DOC Mental Health Crisis Beds; Approves New $111 Million Mental Care Hospital, by John Dannenberg
- 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
- 9th Circuit Holds § 1997e(a) Applies to Private Prisons; Magazine Confiscation Is a “Prison Condition”
- $255 Awarded For Destruction of Prisoner’s Property
- 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
- $2.5 Million Settlement for Illegal Strip Searches in Connecticut Jail
- 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
- BOP Halfway House Walkaway Is Not Federal “Crime of Violence”, by John Dannenberg
- New Hampshire Prisoner’s ADA Claim Survives Summary Judgment
- News in Brief:
- No Qualified Immunity for Michigan Prisoner’s Heat-Dehydration Death
More from these topics:
- 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.
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026. Strip Searches, Qualified Immunity, Fourth Amendment, rights, Suspicionless Searches.
- Michigan DOC Legal Payouts Top $7 Million in FY 2025, Less than One Percent of $2.15 Billion Operating Budget, Sept. 1, 2026. Statistics/Trends, Cost of Prison Systems, Damages, Settlements.
- 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.
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- Death of Seattle Detainee—Jailed Despite Not Being “Grounded in Reality”—Costs King County $3.5 Million Settlement, Aug. 1, 2026. Restraints, Medical Neglect/Malpractice, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness), Monell Liability.
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, Deliberate Indifference.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.

