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11th Circuit Rules Florida Prisoner Claiming Sexual Assault by Guard Can Proceed With Cruel and Unusual Punishment Claim
Loaded on July 1, 2020
by David Reutter
published in Prison Legal News
July, 2020, page 39
Filed under:
Staff-Prisoner Assault,
Excessive Force,
Cruel and Unusual Punishment.
Location:
Florida.
by David M. Reutter
The Eleventh Circuit Court of Appeals reversed the grant of summary judgment for defendants in a civil rights action alleging a guard sexually assaulted and used excessive force upon a prisoner.
The ruling, on January 7, 2020, came in an appeal brought by Kirstin Sconiers. His ...
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More from this issue:
- Mississippi Prisons in Crisis, by David Reutter
- Rappers Jay-Z and Yo Gatti Help Prisoners in Mississippi Sue State Over “Inhumane and Unconstitutional Conditions”, by Bill Barton
- From the Editor, by Paul Wright
- Florida’s Refusal to Release Prisoners During COVID-19 Resulting in Death Sentences, by David Reutter
- Prison Postcards: A Plea from Kentucky and Dispatches from Texas and Massachusetts, by Ken Silverstein
- Unlike U.S., Many Governments Releasing Large Numbers of Prisoners to Reduce Threat of COVID-19, by Matthew Clarke
- Status of the Pandemic Heading into Summer, by Michael D. Cohen, MD
- COVID-19 Pandemic Leads to Unrest in Prisons Around the Globe, by Matthew Clarke
- $1 Million Payout to Family of Man Who Died After Seizures in Montana Jail, by Kevin Bliss
- Florida Guards and Prisoners Fear COVID-19 Infection, by David Reutter
- COVID-19 and the Texas Department of Criminal Justice, by Edward Lyon
- The Popularity of YouTube Prison Lifestyle Videos, by Anthony Accurso
- Sixth Circuit Vacates Preliminary Injunction Regarding Elkton Prisoner Class Action, by Derek Gilna
- Man Sentenced to One Year For Shoplifting Dies In Prison During Pandemic, by Anthony Accurso
- L.A. County Sheriff Says Prisoners Intentionally Tried to Catch Coronavirus to Get Released, by Dale Chappell
- Secret BOP Document Raises Risk Factors, Security Levels of Prisoners
- New York District Court Judge Denies Preliminary Injunction Against MCC Brooklyn, by Derek Gilna
- Who’s in SHU? A Survey of Solitary Confinement, by Terry A Kupers
- Reports: COVID-19 More Prevalent Than Reported in Nation’s Prisons and Jails, by Kevin Bliss
- Warden Reassigned From COVID-19 Inundated Louisiana Federal Prison, by Matthew Clarke
- Sale of Clandestine Surveillance Equipment Available to the Government and “Select Clients”, by Kevin Bliss
- ACLU Files Lawsuit Against CoreCivic Prison in Arizona over COVID-19 Failures, by Dale Chappell
- Michigan Prisoner’s Whistleblowing on GED Test Cheating Survives Summary Judgment, by David Reutter
- U.S. Supreme Court Overturns Texas Federal Judge’s Order Granting COVID-19 Relief to Elderly Prisoners, by Matthew Clarke
- Alabama Should Release Elder Prisoners at Risk for COVID-19, by Edward Lyon
- $1.15 Million Settlement After South Carolina Prisoner’s Baby Born, Dies in Toilet, by Edward Lyon
- With Lives of Immigrant Detainees at Risk to COVID-19, Federal Judge Forces ICE’s Hand, by Christopher Zoukis
- 11th Circuit Rules Florida Prisoner Claiming Sexual Assault by Guard Can Proceed With Cruel and Unusual Punishment Claim, by David Reutter
- Lawsuit Over Conditions at BOP’s New York City Prison Continues as COVID-19 Spreads, by David Reutter
- Oklahoma Jail Sued for Mocking Prisoner as He Died, by Dale Chappell
- Interview: Alec Karakatsanis of the Civil Rights Corps on Money Bail and Debtors’ Prisons, by Ken Silverstein
- Orleans Parish Sheriff, Wellpath, Sued Over Louisiana Jail Prisoner’s Fatal Overdose, by Matthew Clarke
- Policy Change Leads to Gang Riot at Utah Prison, by Kevin Bliss
- Indiana Prisoner’s Suit Alleging Illegal Solitary Confinement Settled for $425,000, by Douglas Ankney
- Pennsylvania Judge Verdict: A Potential Death Sentence for Shoplifting Conviction, by Edward Lyon
- Maine Court Rules Prisoner’s Rights Violated by 22 Months in Segregation Without Meaningful Review but Awards No Damages, by Matthew Clarke
- New Jersey Jail Detainee Dies While Reportedly Begging for Water, by Douglas Ankney
- Report: JailCore Left Prisoners’ Data Unprotected Online, by Matthew Clarke
- NaphCare, Oregon Jail’s Private Healthcare Provider, Required to Disclose Records in Detox Death Suit, by Mark Wilson
- Federal Court Allows Lawsuit Over Sexual Assault of Female Connecticut Prisoner to Proceed, by Matthew Clarke
- Ninth Circuit Announces New Rule on Eighth Amendment Violation Due to Sexual Assault by Montana Prison Staffer, by Dale Chappell
- Ninth Circuit Reverses Summary Judgment in California Sexual Harassment Case, by David Reutter
- California Court of Appeal Upholds Dismissal of Challenge to Excessive Jail Phone Rates as Unconstitutional Tax, by Matthew Clarke
- Ex Post Facto Oregon Parole Postponement Claim Not Cognizable in §2254 Proceeding, by Mark Wilson
- High School Journalists Garner National Attention by Exposing School’s Use of Prisoner Labor, by Douglas Ankney
- Florida’s “Pay-to-Vote” System Struck Down, by David Reutter
- Sexual Assault of Colorado Prisoner Deemed Constitutional Violation; Her Case Can Proceed, by David Reutter
- Delaware Changes Prison Health Care Provider Due to Lawsuits Against Prior Contract Holder, by Jayson Hawkins
- Oregon Federal Court: 8th and 14th Amendments Mandate Miller Hearing, by Mark Wilson
- Texas Attorney General Finds GEO Documents Are Public Information, by Matthew Clarke
- Rhode Island Pays $380,419 to Settle Prison Guard Hiring Discrimination Suit, by Matthew Clarke
- HRDC Prevails in Censorship Suit Against Kentucky Prison System, Wins $104,711, by David Reutter
- Former Prisoners Shut Out of Coronavirus Loans, by Jayson Hawkins
- Connecticut City Settles Suit Over Prisoner’s Suicide for $1,393,000, by Matthew Clarke
- Former CoreCivic Nurse in Colorado Claims Sex Discrimination, Retaliation After Filing Complaint About Poor Medical Care, by Dale Chappell
- COVID-19 Changes the Face of Education in the Nation’s Prison Systems, by Kevin Bliss
- Florida Prisoners Win 3.9 Million in Media Credits in MP3 Player Lawsuit, by David Reutter
- Prisoners Replace New Orleans Sanitation Workers Striking for Coronavirus Hazard Pay, by Kevin Bliss
- News in Brief
More from David Reutter:
- Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of Appeals, April 15, 2025
- Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises, April 15, 2025
- Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, April 1, 2025
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
More from these topics:
- South Carolina Jailer Gets 10 Years for Sexually Assaulting Nine Detainees and Co-Workers, May 1, 2025. Staff-Prisoner Assault, Guard Misconduct.
- Cruelty Is Now the Point for BOP, May 1, 2025. Conditions of Confinement, Bureau of Prisons (BOP), Cruel and Unusual Punishment, Lethal Injection Method of Execution.
- Study Finds Just 1% of Prisoner’s Eighth Amendment Claims Succeed, May 1, 2025. Retaliation for Filing Grievances, Systemic Medical Neglect, Eighth Amendment, Administrative Exhaustion (PLRA), Cruel and Unusual Punishment.
- Wisconsin Prisoner Inhaled His Own Teeth in Fatal Beatdown, May 1, 2025. Excessive Force, Pretrial Detention and Detainees, Assault Weapons.
- Jury Deadlocks at Trial of Last BOP Guard Accused at California “Rape Club”, May 1, 2025. Staff-Prisoner Assault, Prison Rape Elimination Act, Bureau of Prisons (BOP), Jury Trial.
- Texas Prison Heat Declared Unconstitutional, May 1, 2025. Eighth Amendment, Exposure to Heat, Preliminary Injunctions/TRO's, Cruel and Unusual Punishment.
- Former Indiana Jailer Walks from Charges Over “Night of Terror”, April 1, 2025. Staff-Prisoner Assault, Prison Rape Elimination Act.
- Former California Guard Convicted On 64 Counts of Sexually Abusing Prisoners, March 1, 2025. Staff-Prisoner Assault, Guard Misconduct.
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025. Prison/Jail Murders, Conditions of Confinement, Staffing, Cruel and Unusual Punishment.
- Former Vermont Sheriff Takes Plea Deal in Sexual Assault Case, March 1, 2025. Staff-Prisoner Assault, Police/Govt Misconduct, Plea Agreements/Guilty Pleas.