×
You've used up your 3 free articles for this month. Subscribe today.
Burden-Shifting Jury Instruction Requires New Trial in Prisoner's Lawsuit
Loaded on April 15, 2014
published in Prison Legal News
April, 2014, page 46
The Seventh Circuit Court of Appeals has ordered a new trial in a civil rights action that alleges a prisoner was subjected to improper strip searches to humiliate him, then was subjected to an “especially protracted, gratuitous and humiliating strip search” in retaliation for having filed grievances complaining about the ...
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:
- An Interview with Noam Chomsky on Criminal Justice and Human Rights
- From the Editor, by Paul Wright
- $2.25 Million Jury Verdict against LCS in Texas Prisoner Death Suit, by Matthew Clarke
- Ohio: Attorney General May Not Increase Sex Offender’s Registration Requirements
- The Inadequacy of Prison Food Allergy Policies, by Jamie Longazel
- U.S. Supreme Court: District Courts Can Make Federal Sentences Consecutive or Concurrent to Future State Sentences
- $15.5 Million Settlement for Mentally Ill Jail Detainee Held in Solitary Confinement
- Kitchen Supervisor Gets Prison Time for Sexually Abusing Two Prisoners
- Colorado Prisoner who Murdered Guard Gets Life Without Parole
- Lowering Recidivism through Family Communication, by Alex Friedmann
- Iowa: Parole Agreement Does Not Constitute Voluntary Consent that Justifies Warrantless Search
- No Discipline for Oregon Prosecutor and Defense Counsel for Illegal Confinement of Mentally Ill Defendant
- Update on Missouri Incarceration Reimbursement Act Case
- Arkansas Suing Prisoners for Incarceration Costs
- Montana: Hospitalized Prisoner Entitled to Continuance in Divorce Case
- California Supreme Court: Challenge to Booking Fee Order Forfeited Due to Failure to Object in Trial Court
- Texas: False Arrest and Malicious Prosecution Result in $411,865.18 Recovery
- Study: TASER Shocks May Cause Fatal Heart Attacks, by Matthew Clarke
- Texas Court Holds CCA is a Governmental Body for Purposes of Public Records Law
- Mass Incarceration: The Whole Pie, by Peter Wagner
- New York Prisoner Secures Court Order for Visitation with Child
- GPS Monitoring System in Los Angeles Plagued by False Alerts, Ignored Alarms, by Christopher Zoukis
- Placing Rival Gang Members in Same Cell Not Per Se Unconstitutional
- Qualified Immunity Denied to Michigan Guard for Improper Strip Search of Amputee Prisoner
- No Death Penalty for Maine Prisoner, by Lance Tapley
- The Redbook – A Manual on Legal Style, by John Dannenberg
- Court Awards $802,176 in Fees, Costs in PLN Censorship Suit Against Oregon County
- Oregon Appellate Court Declines to Correct Unpreserved Sentencing Error Related to Restitution, by Mark Wilson
- New York Prison Officials Can Force-Feed Hunger Striking Prisoner
- Ninth Circuit: Delay in Providing Dental Care May Constitute Deliberate Indifference
- Burden-Shifting Jury Instruction Requires New Trial in Prisoner's Lawsuit
- Eighth Circuit: Federal Sentence Consecutive to Later-Imposed State Sentence, by Mark Wilson
- Sexual Abuse by Oregon Jail Guard Nets Probation; Defense Attorney Blames Victim
- Idaho Supreme Court Upholds Dismissal of Section 1983 Claims in Jail Suicide Case, by Mark Wilson
- Federal Court Must Give Reasons for Special Conditions of Supervised Release, by David Reutter
- Washington PRA Violations Result in Costs and Penalties, by Mark Wilson
- Prisoner Organ Transplants, Donations Create Controversy
- Oklahoma Jailers Not Immune from Excessive Force Claims
- News in Brief
More from these topics:
- Now Under Federal Receivership, New York City’s Rikers Island Jails Still Have No Plan to Improve, No Firm Date to Close, Aug. 1, 2025. Guard Misconduct, DOC/BOP misconduct, Jail Misconduct, Corrections Audits, Systemic Medical Neglect, Medical Records, Eighth Amendment.
- Suit Filed Over Fatal Beating of New York Prisoner That Sparked Massive Guard Strike, Aug. 1, 2025. Guard Misconduct, Failure to Treat, Guard Brutality/Beatings, Restraints, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death).
- 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.
- Former Maine Prison Guard Arrested and Detained by ICE Agents, Aug. 1, 2025. Guard Misconduct, Guards/Staff, Immigration Law/Offenses.
- Former California Prison Guard Pleads Guilty to Planting Contraband He Pretended to Discover, Aug. 1, 2025. Guard Misconduct.
- News in Brief, Aug. 1, 2025. Assault by Police, Misconduct/Corruption, Guard Misconduct, Police Misconduct, Stun Guns/Tasers, Immigration, False Arrest, Evidence - Integrity/Reliability of.
- Illinois Supreme Court Announces Conviction for Attempted First Degree Murder Requires ‘Intent to Kill Without Lawful Justification, Aug. 1, 2025. Jury Instructions, Ineffective Assistance of Counsel, Inconsistent.
- News in Brief, July 15, 2025. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Failure to Protect (General), Pepper Spray/Tear Gas, halfway houses, New Trial/Judgment of Acquittal, Bribery/Extortion/Theft, Fraud and Deceit.
- Former New Jersey Jailers Plead Guilty to Beating Detainee for Tossing Urine, July 15, 2025. Guard Misconduct, Guard Brutality/Beatings, Prisoners' Rights.
- From the Editor, July 15, 2025. Staff-Prisoner Assault, Guard Misconduct, Prison Rape Elimination Act, Censorship.