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$35,000 Jury Award in Massachusetts Prisoner’s Assault by Guards
Loaded on Jan. 15, 2008
published in Prison Legal News
January, 2008, page 32
$35,000 Jury Award in Massachusetts Prisoner's Assault by GuardsA jury awarded a prisoner at the Massachusetts Correctional Facility at Walpole $35,000 for guards' negligence for failing to intercede to stop an excessive use of force.
After one guard began assaulting and beating prisoner Kenneth S. Bernstein, others guards joined …
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More from this issue:
- The Poisoned Pen of Fort Lyon Prison, by Alan Prendergast
- From the Editor, by Paul Wright
- Food Deprivation & Pink Clothing Imposed for Violating South Carolina Prison Rules, by David Reutter
- Largest Oregon Jail a Cesspool of Misconduct and Mismanagement, Report Finds; Sheriff Faulted and Under Fire, by Mark Wilson
- Retired Canadian Football-Star-Turned-Prison-Official Faulted, by Gary Hunter
- Texas Prisoners May Have Right to Extra Storage Space for Religious Materials, by Matthew Clarke
- Audit Reveals Continuing “State of Chaos” at Hawaii Youth Prison
- As New Regulations Limit Organ Transplants from Executed Chinese Prisoners; South Carolina Allows Organ Donations by Prisoners
- Utah Prisoner Kills Guard During Escape While on Medical Transport, by David Reutter
- Oklahoma Jail Dodges $700,000 in Fines, by Gary Hunter
- CCA-Run Immigrant Family Detention Center in Texas Violates Settlement Conditions, by Matthew Clarke
- $195,000 Paid to Family of Slain Florida Prison Guard, by David Reutter
- Los Angeles Jail Canteen Audit: Contractor Rakes In $640,213 Excess Profits, by John Dannenberg
- Alabama Corrections Commissioner’s Contempt Order Upheld
- California Prison Guards Lose Unlimited “Time Bank” For On-The Job Union Business, by Marvin Mentor
- Lawsuit Against WI Supermax Settled for $475,000; General Population Prisoners Fill Beds
- No Criminal Wrongdoing Found in Overpayments to Florida Private Prisons, by David Reutter
- Prisoner Crashes Jet Ski into Dock in Camden County, Georgia
- Most Serious Sex Offenders in Boston Living in Homeless Shelters
- New York City Settles Prisoner-On-Prisoner Assault for $180,000
- Iowa Faith-Based Program Held Unconstitutional by 8th Circuit; Continues with Private Funding
- Hawaii Youth Prison Financial Audit Finds Excessive Overtime/Leave Abuses
- Eighth Circuit Upholds Arkansas Jailer’s 78-Month Sentence for Brutalizing Prisoners
- Self-Defense: A New Jersey Prisoner’s Right
- Wrongful Death Suit Against LA County Jail Settles For $750,000
- Eighth Circuit Holds State Funding of Iowa Faith-Based Prison Unconstitutional, by Michael Rigby
- California Jail Settles Gender-Identity-Disorder Discrimination Suit, by John Dannenberg
- $35,000 Jury Award in Massachusetts Prisoner’s Assault by Guards
- BOP Byline Prohibition Unconstitutional, by David Reutter
- Washington Pays $665,000 to Prisoner Injured In Racially Motivated Attack
- Connecticut Prisons Begin 10% Deductions of Prisoner Monies
- Vermont DOC: Nations Biggest Prison Dispenser of Psychotropic Medication
- United States Sentencing Commission Approves Crack Reform For Federal Prisoners
- Eleventh Circuit Condemns One-Sentence Qualified Immunity Denial Order
- $25,000 Settlement in Miami False Arrest, Strip Search Suit
- Seventh Circuit Rejects Federal Prisoner’s Necessity Defense
- Some Australian Prisoners Entitled to Vote
- Fourth Circuit Finds Virginia Prisoner’s Religious Exercise Claim Meritorious, by Michael Rigby
- Summary Dismissal of Court Access Claim Reversed
- California: 1st Degree Occupied Burglary Doesn’t Bar Working in Licensed
- Michigan Anti-Civil Rights Amendment Declared Unconstitutional, by John Dannenberg
- Prisoner’s Oral Complaints Worthy of First Amendment Protection;
- News in Brief:
- Bivens Action Inapplicable to Private Prison Employees
More from these topics:
- 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.
- At Least Three Guards Charged for Assaulting Two Massachusetts Prisoners, Aug. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Assaults on Staff, Wrongful Use of Force.
- Ombudsman Report Finds Use of Force Misapplied in Contraband Search, Aug. 1, 2026. Guard Misconduct, Failure to Treat, Body Cavity Searches, Guard Brutality/Beatings, Pepper Spray/Tear Gas.
- $1.2 Million for Elderly Detainee Shoved Out the Door of Sacramento Jail by Guard, Aug. 1, 2026. Guard Brutality/Beatings, Americans with Disabilities Act, Rehabilitation Act, Failure to Treat (Mental Illness), 42 U.S. Code § 1983, civil action for deprivation of rights.
- $6.35 Million Paid for Ohio Jail Detainee’s Spinal Cord Injury Caused by Guard, Aug. 1, 2026. Guard Misconduct, Malpractice, Guard Brutality/Beatings, Settlements, Wrongful Use of Force.

