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Ninth Circuit: No Summary Judgment on Claim of Excessive Use of Pepper Spray

Loaded on Jan. 15, 2014 published in Prison Legal News January, 2014, page 54
Filed under: Pepper Spray/Tear Gas, Immunity/Liability, Qualified Immunity, Religious Diet. Location: California.
On January 17, 2013, the Ninth Circuit Court of Appeals reversed a grant of summary judgment in favor of California prison officials, concluding that the district court had failed to consider the evidence in the light most favorable to the prisoner plaintiff. Given the facts alleged, the appellate court held …

 

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  1. American Apartheid: Why Scandinavian Prisons Are Superior, by Doran Larson
  2. Sweden’s Shrinking Prison Population, by Christopher Zoukis
  3. From the Editor, by Paul Wright
  4. Mangaung and Beyond: Private Prison Exemplifies South Africa’s Criminal Justice Woes, by James Kilgore
  5. Hidden Agenda Fuels Challenge to Pivotal Death Penalty Case, by David Protess
  6. Seventh Circuit: Lifetime Supervision in Pornography Case Set Aside, by Derek Gilna
  7. Pennsylvania Woman Jailed for Failure to Pay Parking Tickets
  8. Controversy, Litigation and Performance Problems Plague Private Probation Services, by David Reutter
  9. Task Force Linked to Harsh Sentencing Laws and Private Prison Firms Disbands Following Public Scrutiny, Boycott
  10. East Mississippi Prison Nightmare, by Christopher Zoukis
  11. Massachusetts Supreme Court: 90 Days in Segregation on Awaiting Action Status without Hearing Violates Due Process
  12. Washington Defendant Improperly Denied Transcript at State Expense
  13. Programs Proliferate for Incarcerated Veterans
  14. Arizona TV Reporter Blames Prisoners for Citizens’ Lack of Healthcare
  15. Study: Risk of Murder, Overdose and Suicide Higher for Recently Released Jail Prisoners in New York City
  16. California Parole Board Agrees to Implement Policy to Fix Terms at Lifers’ Initial Hearings, by John Dannenberg
  17. How Actions by Oklahoma Governor’s Staff Led to Weakened State Justice Reforms, by Clifton Adcock
  18. Failure to Protect New Jersey Jail Detainee Leads to Drastic Bail Reduction
  19. Top Texas Judge Breaks the Law but Gets Special Treatment
  20. New York Prisoner Awarded Almost $16 Million Due to Poor Medical Treatment, by Christopher Zoukis
  21. Director of Victims’ Rights Group Sent to Prison for Embezzlement
  22. Study Finds Prisoners Inappropriately Using Topical Antibiotics, by David Reutter
  23. Connecticut Guards File Grievances over Efforts to Stem Super Bowl Absenteeism
  24. PLN Challenges Postcard-only Policy at Florida Jail
  25. Shareholder Resolutions Seek to Lower Phone Rates at Private Prisons
  26. Unwanted Reprieve from Execution Upheld by Oregon Supreme Court, by Christopher Zoukis
  27. Massachusetts Supreme Court: Failure to Register Guilty Plea Vacated
  28. No Immunity for Detainee’s Death Due to Alcohol Withdrawal; $1.23 Million Settlement on Remand
  29. Tenth Circuit: FRAP 4(b) Clock Commences Upon Entry in Public Docket
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  31. SC Supreme Court Reverses Furtick; No Liberty Interest in Opportunity to Earn Sentence-Reduction Credits
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  34. Oregon: Life Sentence for Murder Unconstitutional During Eight-Month Period in 1999
  35. Seventh Circuit Affirms Dismissal of Prisoner's Law Library Access Claim, by Derek Gilna
  36. Ninth Circuit: Budgetary Constraints May Excuse Deliberate Indifference to Prisoner’s Serious Medical Needs; En Banc Review Granted
  37. Tenth Circuit Orders Foreseeability Jury Determination for Detention by New Mexico DOC Employees
  38. Ninth Circuit: No Summary Judgment on Claim of Excessive Use of Pepper Spray
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  40. Res Judicata Doesn't Bar Ohio Post-release Control Challenge
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