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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 …
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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
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- 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
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- New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026
- DOJ Issues Memorandum Over BOP Employees Abusing Their Law Enforcement Credentials to Illegally Purchase Personal Firearms, Aug. 1, 2026
- Seventh Circuit Upholds Summary Judgment Against Former Illinois Prison Guards Challenging Termination for Violating Use of Force Policy, Aug. 1, 2026
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More from these topics:
- L.A. County Begins Making Nearly $5 Billion in Payouts to Survivors of Sex Abuse in Juvenile Detention, Sept. 1, 2026. Sexual Assault, Staff-Prisoner Assault, Prisoner-Prisoner Assault, Guard Misconduct, Jail Misconduct, Settlements, Juvenile Offenses/Offenders.
- 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.
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026. Strip Searches, Qualified Immunity, Fourth Amendment, rights, Suspicionless Searches.
- Four Massachusetts Guards Face Charges for Assault on Prisoners During Brawl, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings.
- New Commission to Investigate Death and Abuse of 230 Black Children at Segregated Maryland Reformatory, Sept. 1, 2026. Racial Discrimination, Prison Labor, Medical Neglect/Malpractice, Excessive Force (Wrongful Death), Juvenile Prisons.
- 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.
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- Warden Out, Nineteen Guards Administratively Charged in Maryland Prisoner’s Death, Aug. 1, 2026. Guard Misconduct, Prison/Jail Murders, Failure to Protect (Wrongful Death), Failure to Protect (Staff).
- 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.

