×
You've used up your 3 free articles for this month. Subscribe today.
Using Chemical Agents on Mentally Ill Prisoners Unconstitutional
Loaded on Sept. 15, 2009
by David Reutter
published in Prison Legal News
September, 2009, page 22
by David M. Reutter
Filed under:
Excessive Force,
Pepper Spray/Tear Gas,
Failure to Treat (Mental Illness).
Location:
Florida.
As the mentally ill become more prevalent within the nation’s prison population, guards and prison administrators face a dilemma when confronted with such a prisoner who is not conforming to prison rules. While it said it was “a hard case,” a Florida federal district court nonetheless ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Anatomy of the Modern Prisoners’ Rights Suit: A Practitioner’s Guide to Successful Jury Trials on Behalf of Prisoner-Plaintiffs*, by Alphonse A. Gerhardstein
- From the Editor, by Paul Wright
- Innocent Georgia Man Receives $500,000 as Compensation for Rape Conviction
- Former Prisoner Convicted of Impersonating Criminal Defense Attorney
- Why False Imprisonment Recoveries Should Not Be Taxable, by Robert Wood
- Texas’ Parole Condition X Violates Due Process, by Gary Hunter
- $2.16 Million Settlement in Dauphin Pennsylvania Jail Strip Search Lawsuit
- Using Chemical Agents on Mentally Ill Prisoners Unconstitutional, by David Reutter
- Audit Finds California Prison Receiver Broke State Law by Making No-Bid Contracts with Verizon, by Michael Brodheim
- Fifth Circuit Upholds $14 Million Award Against Louisiana DA’s Office in Wrongful Conviction Suit; Affirmed by En Banc Ruling, by Matthew Clarke
- Third Circuit Upholds Pennsylvania DOC Policy Requiring Control Number for Legal Mail, by David Reutter
- Third Circuit Upholds Ban on UCC Materials; Sixth Circuit Disagrees, by Brandon Sample
- Working in Legal Field Not Prohibited While on Federal Supervised Release
- Prisoners Not Evacuated, Parolees Rounded Up as Hurricanes Hit, by Gary Hunter
- Contraband Smuggling by Texas Prison Guards Rarely Punished Harshly, by Matthew Clarke
- Oklahoma Prisoner Beaten to Death After Celled with Co-Defendant He Testified Against
- California Lifers’ New Litigation Tool: DA’s “Opinion” and Governor’s “Belief” Do Not Constitute “Evidence” in Parole Denial Cases, by Marvin Mentor
- Notice Required for Rejected Packages BOP Warden Denied Qualified Immunity, by Brandon Sample
- Organ Harvesting In China Prison Goes High Tech, by Gary Hunter
- Former Oklahoma Sheriff Convicted of Sex Crimes Now Where to Put Him?
- Federal Three-Judge Panel Orders California To Reduce Prison Population By 44,000 Prisoners Within Two Years, by Marvin Mentor
- New York’s Correction Law § 24 Held Unconstitutional by US Supreme Court, by Brandon Sample
- $25,000 Award to Utah Muslim Prisoner Attacked by Death Row Prisoner Following 9/11
- FBI And States Expand Collection Of DNA To The Innocent, by Brandon Sample
- Sheriff and Guards Indicted: Sex, Misconduct and Contraband Scandal at Texas Jail, by Matthew Clarke
- Washington States Passes New Law for Automatic Restoration of Voting Rights, by Eric Nygren
- Philadelphia Tax Break for Hiring Ex-Prisoners a Bust
- U.S. Supreme Court Recedes from Saucier’s Mandatory Provisions for Determining Qualified Immunity Claims, by David Reutter
- California: Parole Board’s Policy Barring Friendly Oral Witness Testimony At Lifer Hearings Ruled An “Underground Regulation”, by Marvin Mentor
- $3.75 Million Settlement for Orange County, California, Jail Detainee Severely Beaten by Prisoners
- Violence on the Rise in Arizona Prisons, by David Reutter
- Maryland Prisoners Receive Kosher Food, by Brandon Sample
- From the Bottom of the Heap: The Autobiography of Black Panther Robert Hillary King, Oakland, CA: PM Press (2009) $24.95 hardback, 217 pages, by Mel Motel
- Sixth Circuit Overturns $625,000 Verdict for Ohio Prisoner Sexually Abused by Guard, by Brandon Sample
- Oklahoma Prisoner Awarded $65,000 for Inadequate MSRA Care, by Brandon Sample
- $1 Million Settlement in Santa Clara, California Jail Suicide
- No Qualified Immunity for Guards Who Failed to Help Vomiting Prisoner Who Died
- Indigent Texas Prisoners May No Longer be Required to Repay Cost of Court-Appointed Counsel
- California Prison Still Subpar, Grand Jury Finds
- News in Brief:
- $1,000 Jury Award to Beaten Missouri Prisoner
More from David Reutter:
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- $150,000 Settlement But No Charges After Schizophrenic Florida Detainee Killed by Jail Guards, Feb. 15, 2025. Guard Misconduct, Medical Neglect/Malpractice, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness).
- DOJ Directs BOP, U.S. Marshals to Improve Suicide Prevention, Feb. 15, 2025. Failure to Treat (Mental Illness), Suicides, Bureau of Prisons (BOP), Civil Rights Violations.
- Despite Prevalence, Most ADHD Behind Bars Goes Undiagnosed and Untreated, Feb. 15, 2025. Failure to Treat (Mental Illness).
- Suits Filed Over Dehydration Deaths at Two Texas Jails, Jan. 15, 2025. Failure to Protect (General), Water, Settlements, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- Four-Month Wait for 40 Percent of South Carolina Jail Detainees Needing Psychiatric Evaluation, Jan. 15, 2025. Systemic Medical Neglect, Failure to Treat (Mental Illness), Detainers - Generally.
- Top Doc Sacked from Maryland Psych Hospital with “Climate of Chaos”, Jan. 15, 2025. Systemic Medical Neglect, Malpractice, Staffing, Failure to Treat (Mental Illness).
- Ninth Circuit Reverses Federal Prisoner’s Conviction for Assaulting Guards at California Prison, Dec. 15, 2024. Excessive Force, Failure to Protect (Staff), Resentencing.
- Spit Hoods, Modern Legacy of Torture, Nov. 15, 2024. Restraints, Failure to Treat (Mental Illness).
- $1.5 Million Settlement Approved in Chicago Jail Suicide Case, Nov. 15, 2024. Settlements, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides.
- Third Circuit Affirms Qualified Immunity for Pennsylvania Guards Who Pepper-Sprayed Asthmatic Prisoner, Nov. 15, 2024. Guard Misconduct, Medical Experiments/Exploitation, Pepper Spray/Tear Gas, Qualified Immunity, Guards/Staff, Immunity - Absolute and Qualified.