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No Qualified Immunity for Pepper Spraying Alabama Prisoner; Case Settles After Remand

Loaded on July 15, 2009 by David Reutter published in Prison Legal News July, 2009, page 48
Filed under: Injury -- Misc., Ventilation, Toilets, Excessive Force, Pepper Spray/Tear Gas, Qualified Immunity. Location: Alabama.
by David M. Reutter

The Eleventh Circuit Court of Appeals held that pepper spraying a prisoner, keeping him in a small cell for longer than necessary to gain his compliance, and not allowing him to decontaminate properly or receive medical care after being sprayed can constitute excessive force and deliberate …

 

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  1. Preserving the Rule of Law in America’s Jails and Prisons: The Case for Amending the Prison Litigation Reform Act, by Margo Schlanger
  2. From the Editor, by Paul Wright
  3. Ninth Circuit Flip-Flops: Denial of Washington Sex Offender’s Community Custody Release Held Unconstitutional, Then Constitutional, by Mark Wilson
  4. Texas Posthumously Exonerates Man Who Died in Prison, by Matthew Clarke
  5. $226,000 Workers’ Comp Settlement for Pennsylvania Guard Scarred by MRSA
  6. ADA Routinely Violated by Prisons in the case of Deaf Prisoners, by McCay Vernon, Ph.D.
  7. The Illusion of Immigrant Criminality: Getting the Numbers Wrong, by David L. Wilson
  8. Florida Guard Convicted of Assaulting Prisoner
  9. Supreme Court Holds Supervisory Officials Not Liable for Abuse of 9-11 Detainees, by Matthew Clarke
  10. $30,000 Settlement in Milwaukee Jail Death
  11. Former Oregon DOC Food Manager Abandons Wife to Federal Prosecution; Herding Sheep in Iran While on the Lam, by Mark Wilson
  12. UNICOR Robs Jobs from Private Sector; Prisoners Sue Over Working Conditions, by Brandon Sample
  13. Prisoner’s Right to Mail Announcement of Peaceful Demon-stration Trumps Purported Prison Security Claims, by Marvin Mentor
  14. University of Arizona Releases Report on Women Immigration Prisoners, by Matthew Clarke
  15. $500,000 Awarded to New York Prisoner Raped by Jail Guard; Vacated on Post-Trial Motion
  16. Habeas Hints: Traverse Motion Responses, by Kent A. Russell
  17. Sentencing Project Releases Report on Sentencing Policy and Practice, by Matthew Clarke
  18. Oregon Jail Guards Lose Access to Porn Sites, by Mark Wilson
  19. New Mexico Abolishes Death Penalty; Similar Efforts Fail in Other States, by David Reutter
  20. Arkansas Sends Toxic Tech Trash to UNICOR Recycling Program, by Matthew Clarke
  21. FBI Arrests Former Prisoner Indicted for Hacking Massachusetts Jail Computer
  22. $4.6 Million Settlements in Death of Quadriplegic D.C. Prisoner, by David Reutter
  23. Strip-Searched Iowa Bush Protesters Awarded Damages at Trial, Re-Trial, by Matthew Clarke
  24. Positive Correlation between Mental Illness and Prison Victimization, by Jimmy Franks
  25. Santa Cruz County, Arizona Pays $3 Million in Strip Search Suit, by Jimmy Franks
  26. $10,000 Verdict in Sexual Assault by Virginia Guard
  27. Report Says Unfinished Prison Project Is Single Greatest Iraq Reconstruction Failure, by Matthew Clarke
  28. Bureau of Justice Publishes Report on Sexual Misconduct at Juvenile Facilities
  29. Ohio Limits Electronic Monitoring to Only Those Who Can Pay
  30. Miami’s Sex Offender Bridge Encampment Continues to Grow, by David Reutter
  31. BOP Failed to Protect Female Prisoner Informant from Rape, Sexual Abuse by Guards, by Brandon Sample
  32. $3,200 Awarded to Indiana Jail Prisoner for Negligent Medical Care
  33. New York Prisoner Awarded $5,000 for Assault by Cellmate
  34. Postal Service Panics Over Sex Offender Participant in Christmas Program, by Matthew Clarke
  35. PLN Files Suit Against Los Angeles County for Failure to Comply with Public Records Act
  36. Survivor Manual, compiled and edited by Bonnie Kerness, illustrated by Todd Tarselli and other talented artists, 90 pgs., by Sundiata Acoli
  37. Causal Link Established by Prison Officials’ Failure to Protect Prisoner from Specific Threats
  38. $3.3 Million Settlement Fund Established in New Mexico Jail Strip Search Settlement
  39. California Jury Awards Deaf Prisoner $5,000 for Failure to Provide Interpreter; $193,582 in Fees Awarded by Court
  40. Former California DOC Worker Kept Confidential Prison Gang Files at Home
  41. Louisiana Private Prison Warden Arrested for Malfeasance
  42. Massachusetts Prisoner Awarded $550,307 in Attorney Fees and Costs in Unsanitary Conditions Case
  43. California: Waiver of Private Psychotherapist-Patient Privilege an Unreasonable Condition of Parole
  44. Oregon Teenage Girls Stage Brazen Escape Attempt
  45. $75,000 Settlement for Shutting Off Water in Seattle Jail Prisoner’s Cell
  46. $445,000 Settlement in Ohio Jail Prisoner’s Medical Death
  47. Pennsylvania County Sex Offender Residency Ordinance Voided
  48. State, Not County, Required to Pay Attorney Fees in Georgia Death Penalty Cases
  49. $9,000 Award for Hawaiian Prisoners Bitten By Dogs at Oklahoma CCA Prison
  50. Florida and Oregon Prison Employees Face Sex Charges
  51. Fifth Circuit Rules Texas Parole Law Not Ex Post Facto
  52. No Qualified Immunity for Pepper Spraying Alabama Prisoner; Case Settles After Remand, by David Reutter
  53. News in Brief:
  54. $1,800,000 Settlement in Michigan Jail Prisoner Suicide Case

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