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Ninth Circuit Announces New Rule on Eighth Amendment Violation Due to Sexual Assault by Montana Prison Staffer
by Dale Chappell
The U.S. Court of Appeals for the Ninth Circuit announced a new rule on January 16, 2020 concerning what constitutes a violation of the Eighth Amendment’s prohibition on cruel and unusual punishment when a prisoner alleges a sexual assault by prison staff.
The new rule was established ...
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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 Dale Chappell:
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
More from these topics:
- Class-Action Suit at BOP “Rape Club” in California Settled for Record $116 Million, July 15, 2025. Staff-Prisoner Assault, DOC/BOP misconduct, Settlements, Injunctions, Class Actions.
- 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.
- From the Editor, July 15, 2025. Staff-Prisoner Assault, Guard Misconduct, Prison Rape Elimination Act, Censorship.
- New Jersey Supreme Court Refuses Guard’s Challenge to Firing for Failing to Report Kiss with Prisoner, July 15, 2025. Staff-Prisoner Assault, Staff-Prisoner Harassment, Guard Misconduct, Employee Litigation.
- $42,000 Paid to Wisconsin Prisoner Allowed to Harm Himself While Under Observation, July 15, 2025. Staff-Prisoner Assault, Guard Brutality/Beatings, Deliberate Indifference.
- News in Brief, June 1, 2025. Staff-Prisoner Assault, Guard Misconduct, Excessive Force, Guard Brutality/Beatings, Ineffective Assistance of Counsel.
- $3.15 Million for Illinois Prisoner Raped by Guard and Then Denied “Boot Camp”, June 1, 2025. Staff-Prisoner Assault, Retaliation for Litigating, Prison Rape Elimination Act.
- $62,500 For Idaho Prisoner Raped by Guard Who Later Committed Suicide, June 1, 2025. Staff-Prisoner Assault, Prison Rape Elimination Act, Failure to Protect (Staff).
- Wellpath and VitalCore Skip Paying Nearly $2 Million in Settlements in South Carolina, June 1, 2025. Staff-Prisoner Assault, Systemic Medical Neglect, Injury -- Misc., Private Contractors.
- South Carolina Jailer Gets 10 Years for Sexually Assaulting Nine Detainees and Co-Workers, May 1, 2025. Staff-Prisoner Assault, Guard Misconduct.