×
You've used up your 3 free articles for this month. Subscribe today.
Unprovoked Texas Cattle Prod Shocking More Than De Minimis Injury, Case Settles for $20,000
Loaded on Feb. 15, 2010
by Matthew Clarke
published in Prison Legal News
February, 2010, page 39
by Matt Clarke
Filed under:
Guard Misconduct,
Racial Discrimination,
Physical Injury Rule,
Excessive Force,
Stun Guns/Tasers,
Qualified Immunity,
Supervisory Liability.
Location:
Texas.
On September 5, 2007, the Fifth Circuit Court of Appeals held that a guard who used a cattle prod to shock a prisoner without any provocation caused more than a de minimis injury.
Dale Keith Payne, a Texas state prisoner, was working at the back gate of …
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:
- Swine Flu Widespread in Prisons and Jails, but Deaths are Few, by David Reutter
- Ineffective Attempts to Protect Texas Prisoner Were Sufficient
- From the Editor, by Paul Wright
- Preventable Sacramento County Jail Death Costs Taxpayers $1.45 Million, by David Reutter
- Free Rent for Some Washington State Parolees
- A New Look at a Very Old Subject: The Uniform Collateral Consequences of Conviction Act, by Margaret Colgate Love
- Arkansas Prisoner Awarded $625 for Refusing to Clean His Cell on the Sabbath
- Three Years Later, CMS Still Fails to Meet Medical Standards in Delaware, by David Reutter
- Army Prisoners Isolated, Denied Right to Legal Counsel, by Dahr Jamail
- Freedom Forum CEO Charles Overby’s Dark History with Corrections Corporation of America, by Beau Hodai
- Three Florida Guards Charged in Prisoner’s Beating, by David Reutter
- Washington State Makes Work Release Available to Disabled Prisoners; Monetary Payments to Class Members
- Federal Judge Holds Texas Parole Board Coleman Hearings Unconstitutional, by Matthew Clarke
- $6,000 Settlement in Illegal Arrest of Washington State Probationer
- Denial of Medical Care Causes Two Riots at GEO Group Texas Prison, by Matthew Clarke
- Special Treatment for Jewish Prisoners, Rappers Leads to Employee Discipline, Resignations at New York Jails, by Gary Hunter
- Maine Prison System’s Board of Visitors: Secret, Unaccountable and Co-Opted, by Lance Tapley
- Rikers Guards Charged With Using Juvenile Prisoners to Run Extortion Ring, by Gary Hunter
- Maryland: Parole Supervision Fee Likely Does More Harm than Good, by Bob Williams
- Homelessness a Significant Problem for Released Prisoners, by John Dannenberg
- Department of Justice Releases Arrest-Related Death Statistics, by Matthew Clarke
- Arizona Prisoner, Abandoned in Outdoor Cage, Bakes to Death, by Gary Hunter
- Massachusetts Sex Offender Registry Board Member Brags About Bias
- Prison Supervisors Can be Liable for Guard’s Sexual Abuse, by David Reutter
- False Sense of Security: The Real Cost And Benefits Of The Adam Walsh Act, by Brandon Sample
- One of Every 11 Prisoners Now Serving Life Sentence, by Bob Williams
- Wisconsin Enacts New Early Release Law, by Matthew Clarke
- California Parents and Guardians Assessed Fees to Offset Juvenile Detention Costs, by Michael Brodheim
- $245,000 Settlement in Michigan Jail Prisoner’s Death
- $325,000 Settlement in Michigan Jail Prisoner’s Ruptured Appendix Lawsuit
- Unprovoked Texas Cattle Prod Shocking More Than De Minimis Injury, Case Settles for $20,000, by Matthew Clarke
- PLN Prevails in Connecticut FOI Case; City Appeals, by Alex Friedmann
- Ohio Inspector General Finds Wrongful Acts by Prison System’s Assistant Director, by Matthew Clarke
- Judge Enjoins Collection of Cost of Incarceration Fees From Federal Prisoner in Washington State Prison
- Settlement in Idaho Jail Condition Class-Action Suit, by Matthew Clarke
- $2.1 Million Award in Excessive Force Death of California Prisoner
- Wyoming’s Prison Industry Mushroom Farm Sold at Auction, by Matthew Clarke
- Settlement Promises Improvements at Baltimore City Jail, by Matthew Clarke
- Jury Awards $6,500 to California Prisoner for Negligence, Deliberate Indifference by Doctor
- Tenth Circuit: Dismissal of Prison Newsletter Censorship Case Reversed in Part
- Ineligible Texas Prisoners Receive Federal Stimulus Checks, by Jimmy Franks
- Exposure to Freezing Cold More than De Minimis in Texas Retaliation Case
- Head of California’s Prison System Arrested for Drunk Driving
- $50,000 Awarded to Florida Prisoner in Excessive Force Case
- Eighth Circuit Upholds $1,500 Award for Failure to Provide Kosher Diet; Grooming Restrictions Also Upheld
- Remedial Sanctions Denied in Wisconsin Class-Action Jail Suit, by Jimmy Franks
- Third-Party Calling Disconnects at Jail Net $1.25 Million Settlement; Customers Get Nothing
- Alabama Ends Policy Barring HIV+ Prisoners from Work Release
- News in Brief:
- Failure to Raise Issue in Rule 50 Motion Prohibits Argument on Appeal; $214,000 Verdict Upheld
- Four-Year Statute of Limitations Applies to § 1983 Claims Filed in Florida
More from Matthew Clarke:
- Federal Court Grants HRDC Preliminary Injunction Against Mail Censorship at New Mexico Jail, May 1, 2026
- Faced with Record-Breaking Jail Deaths, L.A. County Supervisors Tell Sheriff’s Department to Improve Access to Naloxone, Camera Monitoring, and Security Checks at California Jail, May 1, 2026
- Federal Court Places Medical Care in Arizona Prisons Under Receivership, May 1, 2026
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026
- In Texas, Harris County Commissioners Approve $1.2 Million for Fourth Study of Jail Since 2020 After Dozens of Abuse Allegations, April 1, 2026
- Texas Attorney General Clarifies Scope of Statute Requiring Outside Agency Investigation of Jail Deaths, April 1, 2026
- D.C. Judge Blocks Transfer of Biden-Commuted Federal Death Row Prisoners to “Supermax,” Citing Lack of Meaningful Due Process, April 1, 2026
- Eighth Circuit Revives Lawsuit Over Iowa Jail Detainee’s Suicide, April 1, 2026
- Groundbreaking Statistical Study of Pregnant Texas Jail Detainees Finds Over 400 Monthly, April 1, 2026
More from these topics:
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- Idaho DOC Director Denies Verified Report of Rampant Sexual Abuse of Women Prisoners by Staff, May 1, 2026. Staff-Prisoner Assault, Guard Misconduct, DOC/BOP misconduct, Retaliatory Segregation, Prison Rape Elimination Act.
- “Like the Walking Dead”: Smuggled Drugs Fuel Chaos Inside Ohio Prisons, May 1, 2026. Contractor Misconduct, Guard Misconduct, Drug Overdose, Security Systems, Drugs - Determination of.
- 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.
- Watchdog Finds Barely 1 in 10 Complaints Against California Prison Staff Handled Adequately, May 1, 2026. Guard Misconduct, DOC/BOP misconduct, Evidence, Staff Training, Statutes of Limitation and Laches.
- Records Show Culture of Impunity Among Kentucky Prison Guards, May 1, 2026. Guard Misconduct, Snitch Jacketing, Whistleblowing, Evidence - Admissibility.
- Idaho Struggles to Respond to Devasting Report of Widespread Prisoner Sex Abuse, April 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Prison Rape Elimination Act, State Legislation, Public Records Act.
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, 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.
- Six Years of the First Step Act: Federal Prison Data Reveal Treatment Gains, Persistent Disparities, and Unanswered Questions, April 1, 2026. Racial Discrimination, Systemic Medical Neglect, First Step Act, Drug Treatment/Rehab, Confinement in Segregated Housing.

