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Second Circuit Reinstates Acquitted New York City Man’s Claims of Police Due Process Violations and Excessive Use of Force by Jailers
by Matt Clarke
On November 12, 2020, the Second Circuit Court of Appeals reinstated claims by a New York City man that he was the victim of malicious prosecution by police and excessive use of force by jail staff.
Jarrett Frost was arrested by New York City …
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More from this issue:
- The Punishment Economy: Winners and Losers in the Business of Mass Incarceration, by Daniel A. Rosen
- Use of Solitary Confinement During Pandemic Detrimental To Prisoners and Not Slowing Spread of COVID-19, by Chad Marks
- From the Editor, by Paul Wright
- Why Did a St. Louis Man Die in a Federal Prison Coronavirus Hotspot?, by Mike Fitzgerald
- Texas Prisons Close Amid Pandemic, by Jayson Hawkins
- The Importance of Establishing Veterans Benefits While in Prison, by Art Gage
- ICE Holding Cuban Detainee for 11 Years and Counting Following Florida Prison Release, by Daniel A. Rosen
- Alabama Prisons, Among Deadliest for COVID-19, Not Prepared to Vaccinate Prisoners, by Kevin Bliss
- Amid Widespread Calls for Abolition, Mariame Kaba Sheds Light With Latest Book, by Juliette LaMarr
- Massachusetts Uses Medical Parole to Avoid In-Custody Deaths From COVID-19, by Daniel A. Rosen
- Second Circuit Reinstates Acquitted New York City Man’s Claims of Police Due Process Violations and Excessive Use of Force by Jailers, by Matthew Clarke
- Music Project Brings Prisoners’ Stories to Life in Song, by Daniel A. Rosen
- Report: Massachusetts Prisons Continue to Fail on Mental Health Care, by Jayson Hawkins
- Federal Court: COVID-19 Vaccine Must be Available to All Oregon Prisoners, by David Reutter
- Idaho Supreme Court Orders Release of Death Penalty Related Documents, by David Reutter
- BOP’s Terminal Island Response Sparked COVID-19 Spread, by Mark Wilson
- Second Circuit Reverses Summary Judgment in Lawsuit Alleging New York Guard Sexually Assaulted Female Prisoners, by David Reutter
- Qualified Immunity Granted on Claim of Sleep Deprivation From Guard Noise During Suicide-Prevention Checks in California, by David Reutter
- Texas Moves to Deny Housing for Released Prisoners, by Edward Lyon
- California State Prisoners Pay Teen’s School Tuition, by Edward Lyon
- Smoking on the Chain Gang, by David Reutter
- Medical Copays for Prisoners Suspended in Several States Due to COVID-19, by Daniel A. Rosen
- Washington State Governor Signs Bill Banning Private Prisons Statewide, by Juliette LaMarr
- Pandemic Medical Update: Vaccines, Variants and More, by Michael D. Cohen, MD
- Southern Republican Senators Criticize Third Pandemic Relief Bill for Giving Payments to Prisoners, by Matthew Clarke
- Broad Support for North Carolina Bill to Bar Shackling Pregnant Prisoners, by Daniel Matheson
- Judge Slaps Arizona With $1.1 Million Fine Over Prison Health Care, by David Reutter
- With the majority of corrections officers declining the COVID-19 vaccine, incarcerated people are still at serious risk, by Wanda Bertram, Wendy Sawyer
- HRDC Wins FOIA Lawsuit filed in Washington State for Unredacted ICE Documents, by David Reutter
- Report: Private Company Rubber-Stamps Inspections of Abuse-Ridden ICE Detention Camps, by Kevin Bliss
- Family of San Quentin Prisoner Who Died of COVID-19 Due to “Horribly Botched Transfer” Files Lawsuit, by Douglas Ankney
- Report Calls for the End of Solitary Confinement at Michigan Prisons, by Kevin Bliss
- Washington Supreme Court Holds Ongoing Contempt Not Required to Impose Sanctions for Violating Injunction Against Releasing Sex Offender Records, by Matthew Clarke
- Repairing Credit After Release from Prison, by Kevin Bliss
- Report: Border Patrol Misappropriated Funds and Failed to Provide Proper Medical Care to Accurately Report Migrant Deaths, by Douglas Ankney
- Biden’s Justice Department Nomination Faces Aggressive Opposition From Senate Republicans, by Juliette LaMarr
- Lawsuit Over Pennsylvania Prisoner’s Fatal Asthma Attack Allegedly Triggered by Excessive Use of Pepper Spray, by Matthew Clarke
- Narrowing the Remedial Gap: Damages for Disability Discrimination in Outsourced Federal Programs, by Margo Schlanger
- COVID-19 Kills Jeffery Epstein’s Former Cellmate, by Edward Lyon
- News in Brief
- Banksy Artwork Appears on Jail in England, by David Reutter
More from Matthew Clarke:
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026
- New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026
- DOJ Issues Memorandum Over BOP Employees Abusing Their Law Enforcement Credentials to Illegally Purchase Personal Firearms, Aug. 1, 2026
- Seventh Circuit Upholds Summary Judgment Against Former Illinois Prison Guards Challenging Termination for Violating Use of Force Policy, Aug. 1, 2026
- Federal Court Issues Preliminary Injunction Barring Enforcement of Executive Order to Transfer Trans Women Prisoners to Men’s Prisons, Aug. 1, 2026
- Idaho Supreme Court Holds Indigent Parents Have Constitutional Right to Counsel at Public Expense, July 1, 2026
- Free Phone Calls Saved Prisoners and Their Families More than $600 Million, Report Finds, July 1, 2026
- California Appeals Court Holds Defendant Cannot Be Penalized for Failing to Appear at Sentencing When He Was Being Held in Another County’s Jail on Preexisting Charges, July 1, 2026
- SCOTUS Reverses Mississippi Capital Conviction, July 1, 2026
More from these topics:
- San Diego Guard Who Fatally Shot Fleeing Detainee Sentenced to 12 Years in Prison, July 1, 2026. Police Misconduct, Shootings, Excessive Force (Wrongful Death), Excessive Force (Police), Wrongful Use of Force.
- The Recycled Police Officer: Research Reveals High Cost of Ignoring Prior Misconduct, May 1, 2026. Harassment by Police, Police Misconduct, Statistics/Trends, Excessive Force (Police), Police/Govt Misconduct.
- Oregon Supreme Court Announces Trial Courts Must Give Complete Oral Final Jury Instructions at Conclusion of Trial, Preliminary Instructions Cannot Substitute for the ORCP 59 B Charge, May 1, 2026. Jury Instructions, Jury Instructions in Jury Room, Grounds for Relief, Denial of Due Process, Right to Testify/Remain Silent.
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026. Evidentiary Claims, Abuse of Discretion Standard, Expert and Opinion Testimony, Competency Hearing, Denial of Due Process.
- Washington Supreme Court Holds Courts Must Meaningfully Consider Youth When Assessing Miranda Waiver and Clarifies That Res Gestae Exception Requires Temporal Proximity to Charged Crime, Feb. 1, 2026. Police Interrogations, Juvenile Offenses/Offenders, Bad Acts Evidence, Custodial Interrogations, Denial of Due Process.
- Illinois Supreme Court Announces Six-Element Jeffries Test Governs Self-Defense Jury Instructions in Cases Involving Force Against Police Officers, Rejecting Appellate Court Approaches That Either Created Separate Threshold Inquiry or Automatically Requir, Feb. 1, 2026. Excessive Force (Police), Abuse of Discretion Standard, Jury Instructions in Jury Room, Plain/Harmless Error, Factual Disputes/Findings.
- Ninth Circuit Reaffirms Longstanding Precedent That District Court Cannot Sua Sponte Dismiss Untimely Habeas Corpus Petition Without Giving Petitioner Prior Notice and Opportunity to Respond, Oct. 15, 2025. Limitations, Habeas Corpus, Summary Disposition, Tolling of Statutes of Limitations and Laches, Denial of Due Process.
- Beyond the City Limits: How Rural Sheriff’s Departments Are Driving the Spike in Police Killings, Aug. 1, 2025. Excessive Force, Shootings, Police--Excessive Force, Excessive Force (Police).
- SCOTUS Announces Rejection of ‘Moment-of-Threat Doctrine’ Because It Improperly Narrows Required ‘Totality of the Circumstances’ Analysis for Fourth Amendment Excessive-Force Claims, May 15, 2025. Shootings, Police--Excessive Force, Excessive Force (Police), Fourth Amendment, rights.
- SCOTUS Clarifies It Had Already Been ‘Clearly Established Federal Law’ in 2004 for Purposes of AEDPA That Evidence at Trial Can Be So Prejudicial as to Violate Due Process, March 15, 2025. AEDPA, Denial of Due Process.

