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Ninth Circuit Holds Staff Sexual Abuse Presumed Coercive; State Bears Burden of Rebutting Presumption

Loaded on March 15, 2014 published in Prison Legal News March, 2014, page 54
Filed under: Staff-Prisoner Assault, Staff-Prisoner Harassment, Guard Misconduct, Retaliation, Retaliation for Litigating, Pat Searches. Location: Idaho.
The Ninth Circuit Court of Appeals has held that a district court erred when finding a prisoner could not state an Eighth Amendment sex abuse claim because he “consented” to a relationship with a prison guard.

In 2002, Idaho prisoner Lance Wood and guard Sandra De Martin began a romantic, ...

 

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  2. Florida County Agrees to Pay $4 Million to Deceased Prisoner’s Estate, by Derek Gilna
  3. Seventh Circuit Upholds Removal of Prisoner’s Dreadlocks
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  11. South Dakota Parole Board Improperly Enhanced Prisoner’s Parole Date
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  13. Kentucky Supreme Court: Probation Cannot be Extended for Sex Offender Treatment
  14. Former Detainee Alleges Unconstitutional Conditions at Illinois Jail, Accepts $7,501 Judgment
  15. Seventh Circuit Upholds FTCA Venue Transfer
  16. Alabama Sheriff Made Party on Counterclaim Alleging Prisoners Subjected to Sexual Abuse
  17. Adverse Inference Instruction Required for New York Jail’s Destruction of Video Evidence
  18. Washington Jail Denied Good Time without Due Process; Rehearing Ordered
  19. California County Not Liable for Misconduct of Jail Guard Not Acting within Scope of Employment
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  22. Taylor County, Texas Rarely Disciplines Jailers
  23. Eighth Circuit: Denial of Nominal Damages Jury Instruction was Improper
  24. D.C. Circuit Holds PLRA’s Exhaustion Requirement Inapplicable to Former Prisoner
  25. Michigan Parole and Probation Supervision Scrutinized; Three Officials Fired
  26. The Federal Tort Claims Act: A Primer, by Derek Gilna
  27. Psst! Hey Man, Need Some Execution Drugs?
  28. A Rare Look Inside the Maine State Prison's "Supermax", by Lance Tapley
  29. Video Visitation a Growing Trend, but Concerns Remain
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  31. PLRA Does Not Permit Waiver of Court-ordered Answer
  32. New Hampshire Prisoners Suspected of Breaching Prison Computer System
  33. Businesses, Members of Congress Not Happy with UNICOR, by Derek Gilna
  34. Ninth Circuit Holds Staff Sexual Abuse Presumed Coercive; State Bears Burden of Rebutting Presumption
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