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Seventh Circuit Retires “De Minimis” Standard for Use of Physical Force
Loaded on Sept. 15, 2013
published in Prison Legal News
September, 2013, page 46
The Seventh Circuit Court of Appeals has reversed a district court’s application of a “de minimis harm” standard in dismissing a Wisconsin detainee’s claim that he was sexually groped.In April 2008, James Washington, Jr. was a pretrial detainee at a Wisconsin jail when a guard, John P. Hively, allegedly ...
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More from this issue:
- Prison Rape Elimination Act Standards Finally in Effect, but Will They be Effective?, by Alex Friedmann
- Prisoners Raped and Sexually Abused While PREA Standards Pending
- U.S. Supreme Court Denies Stay of California Prisoner Release Order
- From the Editor, by Paul Wright
- Employee Disciplinary Problems Persist at Houston Jails, by Matthew Clarke
- How Privatization Destroyed an Illinois Jail's Award-winning Suicide Prevention Program, by Brian Dolinar
- Missouri: Arrestees Billed for Cost of Police Tasers, by Christopher Zoukis
- High-Tech, High-Risk Forensics, by Osagie K. Obasogie
- The Americans with Disabilities Act and Prisoners, by Thomas Weiss
- Michigan County Sanctioned for Defrauding Federal Court in Prisoner Death Case, by David Reutter
- Solitary Confinement for Death Row Prisoners a Blot on U.S. Justice System, by Derek Gilna
- Oklahoma’s DNA Law Means Post-Conviction Testing Available in All 50 States, by Christopher Zoukis
- Habeas Hints: Actual Innocence, by Kent A. Russell
- Second Circuit Establishes Property Seizure Standards for Civilly Committed Persons
- 500 Escape from Abu Ghraib and Taji Prisons in Iraq, by Christopher Zoukis
- Illinois DOC’s Failure to Accommodate Disabled Prisoners States Rehabilitation Act Claim
- Seventh Circuit: Indiana Tolling Provision May Excuse Time-Barred Suit; Rule 12(b)(6) Dismissal Improper
- PLN Resolves Censorship Suit Against Oregon County Jail for $51,000 Plus Fees and Costs, by Alex Friedmann
- After Ten Years, FCC Votes for Prison Phone Reforms!, by David Ganim
- First Circuit: Rejection of Settlement Offer Does Not Justify Defendants’ Attorney Fee Award
- Pennsylvania: Parole Board May Expound on Court-ordered Probation Conditions
- Washington Community Custody, Sex Offender Registration and Release Conditions Modified
- Seventh Circuit Retires “De Minimis” Standard for Use of Physical Force
- New Mexico Prison Doctor Fingered in Lawsuits
- Minnesota: Remedies for Civil Commitments are Limited
- Qualified Immunity for NY Prison Officials who Failed to Award Parole Jail Time
- Wrongful Immigration Detention Suit Reinstated by Second Circuit, Dismissed on Remand, by Derek Gilna
- Ninth Circuit Requires Notice to Pro Se Prisoner Litigants for Motions to Dismiss for Failure to Exhaust
- California Supreme Court: Cutting Through Fences May Not Constitute Attempt to Escape
- Seventh Circuit Upholds CCA’s Victory in Indiana Jail Conditions Suit
- California: Victim’s Post-Death Economic Losses Not Subject to Mandatory Restitution
- Second Circuit: No Social Security Payments for Prisoners
- News in Brief
More from these topics:
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025. Sexual Assault, Failure to Protect (General), Eighth Amendment, Staffing, Stun Guns/Tasers.
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Release and Reentry, Bureau of Prisons (BOP), Compassionate Release.
- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, Aug. 1, 2025. Staff-Prisoner Assault, Jail Misconduct, Americans with Disabilities Act.
- News in Brief, Aug. 1, 2025. Staff-Prisoner Assault, Private Prisons, Misconduct/Corruption, Guard Misconduct, Systemic Medical Neglect, Male Reproductive, Malpractice, Escapes, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Excessive Force (Wrongful Death), Juvenile Prisons, Bureau of Prisons (BOP), Bribery/Extortion/Theft.
- DOJ Finds Unconstitutional Conditions in Texas Juvenile Detention, Aug. 1, 2025. Staff-Prisoner Assault, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Sentencing, Control Units/SHU/Solitary Confinement, Failure to Protect (Juveniles), Juvenile Prisons.
- California Prisoners Sue Gynecologist for Sexual Abuse, Aug. 1, 2025. Staff-Prisoner Assault, Class Certification.
- $75,000 for Transgender Maryland Prisoner Raped by Guard, Aug. 1, 2025. Staff-Prisoner Assault, Prison Rape Elimination Act, Failure to Protect (Transgender).
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Guard Brutality/Beatings.
- $1.2 Million for New York Prisoner Waterboarded by Guards, Aug. 1, 2025. Staff-Prisoner Assault, Guard Brutality/Beatings, Exceptions.
- Third Circuit Upholds Award of $265,000 to Prisoner Who Was Sexually Assaulted Twice by the Same Guard, Aug. 1, 2025. Staff-Prisoner Assault, Guard Brutality/Beatings, Damages - Compensatory, Damages - Punitive.