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Tenth Circuit Upholds BOP Guard’s Abuse Convictions
Loaded on Oct. 15, 2007
published in Prison Legal News
October, 2007, page 27
Tenth Circuit Upholds BOP Guard's Abuse Convictions
Filed under:
Guard Misconduct,
Crime,
Guard Brutality/Beatings,
Conspiracy (Civil Procedure),
Sentencing,
U.S. Sentencing Guidelines.
Location:
Colorado.
The Tenth Circuit Court of Appeals affirmed the convictions and sentences of three former prison guards for beating prisoners at the United States Penitentiary in Florence, Colorado, (USP-Florence).
As we've previously reported, in 1997, the Government began a three-year investigation into allegations of …
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More from this issue:
- Little State, Big Problems: Maine’s Prison Crisis Continues Unabated, by Lance Tapley
- Old Media Access Consent Decrees Violated in Maine, by Lance Tapley
- From the Editor, by Paul Wright
- Massachusetts District Court: FBI Ordered to Pay $101.7 Million for Malicious Prosecution, by Michael Rigby
- Maryland Prison Audit Reveals Potential Fraud “Undetectable”, by Michael Rigby
- Clarification:
- Florida Supreme Court Enacts Rules Regulating “Super Sealing” of Court Records, by David Reutter
- Final Report on Ohio Prisoner Reentry Study, by G.A. Bowers
- Minnesota Sanction for Sex Offender Treatment Refusal Violates Fifth Amendment
- “War on Terror” Whistleblowers, Dissenters are Fired, Prosecuted; Plaintiff’s Lawyers Help Turn Them In, by Alex Friedmann
- Arkansas Prisoner Denied Kosher Diet Awarded $1,500
- Psych Evaluations Questioned Following D.C. Jail Suicides, by Matthew Clarke
- NY Prisoner Who Crushed Thumb Working at Ski Resort Awarded $40,000
- Illinois Supreme Court Holds Prisoner Medical Co-Payment Fee Can’t Be Deducted From Future Funds, by John Dannenberg
- California’s Solution To Prison Overcrowding: $7.4 Billion To Build 53,000 New Beds, by Marvin Mentor
- $4 Million Settlement In Rape and Beating Death of Mentally Ill New Jersey Prisoner, by Michael Rigby
- $14 Million Verdict Against Louisiana DA’s Office for Wrongful Death Sentence
- Fortress Of Solitude: The Bureau Of Prisons Is As Good At Keeping Prisoners In As It Is At Keeping Reporters Out, by Alan Prendergast
- South Carolina Prisoner Assaulted By Guards Awarded $600,000
- Wyoming and CMS Settle Suit Over Diabetic Prisoner’s Loss of Foot, by Matthew Clarke
- San Mateo County, California, Settles Strip-Search Suit for $1.9 Million
- Tenth Circuit Upholds BOP Guard’s Abuse Convictions
- GAO Audit: Alien Detention Facilities Suffer Continuing Deficiencies, by John Dannenberg
- Texas Parole Board Revamps Urinalysis Procedures
- Los Angeles County Pays $475,000 In Jail Healthcare Wrongful Death
- Texas Pays $250,000 for Lingering Death of Teen Prisoner, by Michael Rigby
- U.S. Supreme Court: Colorado Prisoner Alleging Injury From Suspension Of Medical Treatment Stated Adequate Claim To Preclude Dismissal, by John Dannenberg
- Massachusetts Guard Accused of Throwing Feces Entitled to Workman’s Compensation
- $1.6 Million Settlements by PHS and Hillsborough County in Death of Baby Born in Florida Jail, by David Reutter
- New Jersey Supreme Court Orders DOC to Codify Prisoner Healthcare Responsibilities, by John Dannenberg
- Eighth Circuit Reverses Summary Judgment Dismissal of Excessive Force Claims
- Confidential Settlement for Alabama Prisoners Killed in Road Work Crew
- Probation Condition Restricting Pets at Residence Held Overbroad
- New Law Bars Hawaii Prison Officials from Canceling Visits
- $100 Million In Restitution Fines Collected From California Prisoners Since 1992
- Absence of Parole Revocation Administrative Appeal Process Entitles Prisoner to Trial Court Determination of Custody Credits, by John Dannenberg
- BOP May Not Foreclose Transfer to Community Corrections Center Based on Length of Remaining Sentence, by John Dannenberg
- “Liberal” Pleading Construction Reveals Negligent Guard Theory Claim
- Findings of Fact by Indiana Disciplinary Panel Not Entitled toPresumption of Correctness for Federal Habeas Purposes, by John Dannenberg
- Texas Allows Actual Innocence Claim in Non-Capital Habeas Actions
- Unsupported Penile Plethysmograph Testing as Condition of Release Rises to Due Process Violation, Creates Liberty Interest
- Many Chinese Prisoners Retain Right to Vote
- Mere Possibility of Parole Insufficient to Prevent Texas Prisoners’ Parental Rights Termination, by Matthew Clarke
- On Appeal Texas Prisoner Acquitted of Damaging Jail Furnishing
- Ohio Juvenile Wards Entitled to Attorneys to Pursue 1983 Actions
- Fifth Circuit Reverses Dismissal of Mississippi Retaliation For Letters to a Newspaper Claim
- News in Brief:
- Notice of Appeal Deemed Filed When Presented to Prison Officials; Burden on State to Refute
More from these topics:
- San Francisco Jail Survey Exposes Abuse, Malnutrition and Constitutional Violations, Oct. 1, 2026. Failure to Protect (General), Food, Guard Brutality/Beatings, Attorney Visits, Pretrial Detention and Detainees.
- L.A. County Begins Making Nearly $5 Billion in Payouts to Survivors of Sex Abuse in Juvenile Detention, Sept. 1, 2026. Sexual Assault, Staff-Prisoner Assault, Prisoner-Prisoner Assault, Guard Misconduct, Jail Misconduct, Settlements, Juvenile Offenses/Offenders.
- 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.
- Tenth Circuit Announces Resentencing After Probation Revocation Must Begin with Chapter 7 Range, Holding Chapter 5 Range Should Be Considered When Deciding Whether to Vary, Sept. 1, 2026. U.S. Sentencing Guidelines, Revocation/Modification of Probation, etc., Statement of Reasons, Sentence, Factors To Be Considered.
- Warden Out, Nineteen Guards Administratively Charged in Maryland Prisoner’s Death, Aug. 1, 2026. Guard Misconduct, Prison/Jail Murders, Failure to Protect (Wrongful Death), Failure to Protect (Staff).