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$64,900 Award in Arkansas Excessive Force Claim; Warden Held Not Liable
Loaded on Aug. 15, 2008
by David Reutter
published in Prison Legal News
August, 2008, page 25
by David M. Reutter
Filed under:
Medical,
Injury -- Misc.,
Guard Brutality/Beatings,
Stun Guns/Tasers,
Restraints,
Supervisory Liability.
Location:
Arkansas.
The Eighth Circuit Court of Appeals has reversed a judgment against the warden of Arkansas’ Cummins Unit, finding he did not have sufficient knowledge that the guards under his supervision were inflicting cruel and unusual punishment on prisoners.
The appeal, by Warden M.D. Reed, was filed …
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More from this issue:
- Oregon DOC Food Manager Takes Over $1 Million in Bribes, Feeds Prisoners “Distressed” Food, by Mark Wilson
- From the Editor, by Paul Wright
- C O R R E C T I O N
- Los Angeles County Pays $40,000 Damages to Assaulted Prisoner Informant Witness
- Deal to Reconsider 1,000 Paroles Scotched When New York Governor Capitulates Over Cop Killer’s Case, by John Dannenberg
- Phoenix New Times Executives Arrested for Reporting About Sheriff Joe Arpaio, by Matthew T. Clarke
- Mississippi Jail Prisoner Wins $3,000,000 in Failure to Protect Suit
- Oklahoma Pays $844,000 for Comprehensive Performance Audit of DOC, by Matthew Clarke
- $300,000 Settlement in Murder of College Student by Released Sexual Predator
- Human Rights Watch Report: Most Sex Offender Laws Misguided and Ineffective, by Matthew Clarke
- More Prisoners Murdered in Texas Federal Prisons, by Gary Hunter
- Illinois Prisoners Win $8 Million for Failure to Treat Hep C
- Fifth Circuit: Federal Prisoner Loses Retaliation Suit but U.S. Attorney Sanctioned, by John Dannenberg
- Over $6 Million Awarded in Oakland, California Parolee’s False Arrest Suit, by John Dannenberg
- Washington Inter-Prison Property-Shipping-Fee Class Action Suit Settles For $1,262,500, by John Dannenberg
- Unlocking America, Why and How to Reduce America’s Prison Population, The JFA Institute, November 2007, 32 pp., by John Dannenberg
- Former North Carolina Lawmaker’s Son Submits Highest Bid, Gets Prison Contract, by David Reutter
- Complaint Against Utah DOC for Non-Delivery of PLN Fails Because Defendants Only Negligent; Jail Publication Ban Illegal, by John Dannenberg
- Maryland Juvenile Justice Official Resigns Over Past Abuse Allegations, by David Reutter
- Pennsylvania Prison Medical Firm’s Performance Called into Question
- $64,900 Award in Arkansas Excessive Force Claim; Warden Held Not Liable, by David Reutter
- National Council of Juvenile and Family Court Judges to Pay for Grant Fraud
- Floor-Sleeping at Los Angeles County Jail Ruled Unconstitutional, by John Dannenberg
- Eighth Circuit: Iowa Prisoner’s Denial-Of-Court-Access Ruling Reversed
- Court Orders Attorney General to Allow Law Students Access to Political Prisoners at Federal Supermax, by Brandon Sample
- Mentally Ill Woman Sues Over Seg-Cell Sex; County Settles for $40,000
- Alabama Felon Disenfranchisement Limited
- Three Suicide Suits At Sacramento, California Jail Settled For $1,000,000
- Muslim Virginia Prisoner Entitled to 2,200 Calories During Ramadan
- Ohio DNA Specimen Law Ruled Not Retroactive
- Authorities Listen in on Attorney-Client Calls at Jails in FL, CA and TX, by David Reutter
- Illinois Man Falsely Arrested in Attempted Child Abduction Awarded $2 Million
- Court Clerk Fired for Relationship with Prisoner; Bar Complaint Against Federal Prosecutor Exposed Relationship
- Exonerated Montana Prisoner Sues State, Receives $3.5 Million
- United Kingdom Creates Foreigner Only Prisons, by David Reutter
- CMS Found Liable for Inadequate Hep C Medical Care of Delaware Prisoner
- Vermont DOC Settles Religious Practice Denial Suit For $25,000
- New York Man Wins $640,000 for Unjust Incarceration
- Whistle-blowing California Sheriff’s Deputy Settles Retaliation Suit For $150,000, by John Dannenberg
- Fifth Circuit: Texas Prisoners Cannot be Disciplined for Trust Fund Deposits Initiated by Others, by Matthew Clarke
- “Special Circumstances” Justify Non-Exhaustion in Second Circuit
- Retaliation Claim Not Barred by Heck
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More from David Reutter:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- Washington Governor Fires Independent Prison Watchdog, May 1, 2026. DOC/BOP misconduct, Government Misconduct, Pepper Spray/Tear Gas, Restraints, Administrative Detention/Segregation.
- Atlanta Jail Boasts Improvements Since Consent Decree, Reports from Monitor and ACLU Are More Critical, May 1, 2026. Staffing, Sanitation, Guard Brutality/Beatings, Consent Decrees, Bail/Pretrial Release.
- Taser Use Doubled After Grand Jury Report on Pennsylvania Prisoner’s Death, May 1, 2026. Failure to Treat, Stun Guns/Tasers, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness), Staff Training.
- Six Maryland Guards Convicted in Prisoner’s Beating, Cover-up; § 1983 Suit Filed, May 1, 2026. Guard Brutality/Beatings, 42 U.S. Code § 1983, civil action for deprivation of rights, Obstruction of Justice, Wrongful Use of Force, Evidence - Destruction/Fabrication/Manipulation of.
- Judge Denies New York Prison Chief’s Motion to be Dismissed from Case Related to Robert Brooks’ Murder, May 1, 2026. Work Strikes, Guard Brutality/Beatings, Failure to Train/Supervise, Police--Excessive Force, Deliberate Indifference.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Prisoners in Oklahoma Can Now Buy Vapes, Pouches from Commissary, April 1, 2026. Medical, Statistics/Trends, Commissary, Prison Regulations.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.
- Minnesota Study Shows Disproportionate Rate of Health and Mental Problems for Recently Incarcerated, March 1, 2026. Racial Discrimination, Medical, Statistics/Trends, Mental Health, Health care.
- Differing Judicial Outcomes for the New York Guards Who Killed Robert Brooks, Feb. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death), Pending Appeal/Sentencing.

