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Ninth Circuit: California Jail Detainee’s Excessive Force Suit May Proceed
Loaded on March 15, 2010
by John Dannenberg
published in Prison Legal News
March, 2010, page 48
by John E. Dannenberg
Filed under:
Excessive Force,
Guard Brutality/Beatings,
Costs,
Qualified Immunity,
Supervisory Liability,
Municipal Liability.
Location:
California.
The Ninth Circuit Court of Appeals reversed a district court’s decision granting summary judgment to Orange County, California jail officials who allegedly used excessive force while restraining a detainee. The appellate court found that because there were triable issues of fact, summary judgment was not appropriate. ...
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More from this issue:
- The Prison Industries Enhancement Certification Program: Why Everyone Should be Concerned, by Bob Sloan
- From the Editor, by Paul Wright
- First Circuit Upholds $101,750,000 in Damage Awards in FBI Misconduct Case, by Matthew Clarke
- Less Than Equal: State officials, including prejudiced human-rights commissioners, block Prisoner complaints, by Lance Tapley
- Prison Labor Bails Out State and County Budgets, by Gary Hunter
- All Eyes On the Court: An Interview with Attorney and Federal Court Monitor Fred Cohen, by Todd Matthews
- Cook County Strip, Body Cavity Searches Held Unconstitutional; Other Suits Pending, by Brandon Sample
- California Cuts Funding for Prop 36 Drug Treatment Programs, by Michael Brodheim
- Michigan Study Shows Incarceration Can Cause Illness in Loved Ones, by Gary Hunter
- Conviction of CIA Contractor Who Fatally Beat Afghan Detainee Upheld on Appeal
- Sexual Victimization Widespread in U.S. Correctional Facilities, by Brandon Sample
- Certificate of Merit in Medical Malpractice Suits Unconstitutional in Washington State, by Jimmy Franks
- Illinois Prisoners Bilked Out of Millions Through DOC Commissary Surcharges, by Joseph R. Dole
- A Tight Leash: Judges Micromanage Federal Offenders After Release, by Brandon Sample
- Texas Counties Give Up on Probationer Restitution Centers, by Matthew Clarke
- Prisoner Transport Guards Accused of Forcing Prisoner to Perform Sex Acts, by Michael Brodheim
- Call Your Attorney from Jail, Go to Prison, by John Dannenberg
- Washington Sex Offender Relieved of Obligation to Register
- Texas Youth Commission Causes Consternation, Conflict in State Legislature, by Gary Hunter
- Ninth Circuit Strikes Down BOP Rule Limiting Early Release for RDAP Participants, by Brandon Sample
- California Prisoner Settles Medical Suit for $35,000
- California Enacts Non-Revocable Parole And Increased Credits To Reduce Prison Population, by John Dannenberg
- New Orleans Jail Conditions Found Unconstitutional, by Jimmy Franks
- Jury Awards $80,001 to New Hampshire Prisoner for Guard Beating
- California Prison Erupts, Hundreds Hurt in Riot, Multiple Causes Cited
- In Support of Ending Prosecutorial Misconduct, by Jimmy Franks
- GEO Group Prison Squalor Drives Idaho Prisoner to Suicide: $100,000 Settlement
- South Carolina Prisoner Does Easy Time, by Gary Hunter
- $100,000 Settlement in New York Prisoner’s Slip and Fall Claim
- $750,000 Settlement in Alabama Prisoner’s Heat Death
- Partial Summary Judgment Granted To PLN in FOIA Case against EOUSA, by Brandon Sample
- Shrinking Budgets Force States to Cut Corrections Spending, by Bob Williams
- $60,000 Settlement for Washington Prisoner Injured by Chemical Spill
- GEO Group Buys Just Care For $40 Million
- Texas Religious Group Policies May Violate First Amendment and RLUIPA; TDCJ Changes Policy
- $2.1 Million Awarded in New York Unjust Conviction Claim
- Four-Year Statute of Limitations Applies to § 1983 Claims Filed in Florida
- Washington DOC Ordered to Pay $174,000 for False Imprisonment
- Canadian Appellate Court Affirms $12,000 Judgment for Prisoner
- Eleventh Circuit Finds Administrative Remedies Unavailable When Prison Official Threatens Retaliation
- $3.1 Million Settlement to Wrongly Convicted Massachusetts Prisoner
- $80,000 Award in NY Prisoner’s Claim for Injuries Caused by Assault
- $200,000 Settlement in Florida Prisoner’s Suicide Death
- Texas Prison Guard Gets 24 Months in Federal Prison
- Fourth Circuit: Heck Bar Inapplicable to § 1983 False Imprisonment Suit
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- News in Brief:
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More from John Dannenberg:
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- Systemic Changes Follow Murder of Colorado Prison Director, July 10, 2014
- The Redbook – A Manual on Legal Style, April 15, 2014
- Arrest-Proof Yourself, by Dale Carson and Wes Denham, March 15, 2014
- Arrested: What to do When Your Loved One’s in Jail, by Wes Denham, Feb. 15, 2014
- California Parole Board Agrees to Implement Policy to Fix Terms at Lifers’ Initial Hearings, Jan. 15, 2014
- FCC Order Heralds Hope for Reform of Prison Phone Industry, Dec. 15, 2013
- Federal Court Orders California to Release 9,600 More Prisoners, Aug. 15, 2013
- Valley Fever Declared a Public Health Emergency at Two California Prisons; Court Orders Prisoner Transfers, July 15, 2013
- Plata and Coleman Showdown in California, June 15, 2013
More from these topics:
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- News in Brief, June 1, 2025. Staff-Prisoner Assault, Guard Misconduct, Excessive Force, Guard Brutality/Beatings, Ineffective Assistance of Counsel.
- $500,000 for Colorado Detainee Dropped On His Face by Jailers, June 1, 2025. Jail Misconduct, Guard Brutality/Beatings, Failure to Treat (Mental Illness).
- Academic Study of Prison Guards’ Use of Excessive Force Details Sad State of Civil Rights for Abused Prisoners, June 1, 2025. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Dogs, Burning, Electric Fences, Laser Weapons.
- $50,000 for Excessive Force Claim by Maryland Prisoner Who Used to Be a Guard, June 1, 2025. Classification, Guard Brutality/Beatings, Legal Mail.
- The Crushing Toll of Ohio’s Death Penalty: A Billion-Dollar Failure, May 15, 2025. Costs, Death Penalty.
- Connecticut Court Denies Access to Video of Prisoner’s Fatal Beat-Down by Guards, May 1, 2025. Guard Misconduct, Videotaping, Guard Brutality/Beatings.
- Third Circuit Denies Qualified Immunity to Pennsylvania DOC in Prisoner’s Challenge to 26 Years of Solitary Confinement, May 1, 2025. Qualified Immunity, Control Units/SHU/Solitary Confinement.
- New York Prisoner Awarded Almost $280,000 in Retaliation Claim Against Guards, May 1, 2025. Retaliation for Filing Grievances, Guard Brutality/Beatings, Settlements.
- Pittsburgh Lockup Accounts for 43% of Pennsylvania Jail TASER Use, Suit Filed, May 1, 2025. Guard Brutality/Beatings, Stun Guns/Tasers, Prison Litigation Reform Act (PLRA).