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Eighth Circuit Rules Guard’s History of Excessive Force too Prejudicial or a Jury to Hear in Prisoner’s Excessive-Force Case
Loaded on Feb. 1, 2022
by Matthew Clarke, Jacob Barrett
published in Prison Legal News
February, 2022, page 46
Filed under:
Guard Misconduct,
Guard Brutality/Beatings,
Prejudice - Potential for Undue.
Location:
Missouri.
Another Guard Escapes Liability by Refusing to Participate
by Jacob Barrett and Matt Clarke
What happens to a prison guard accused of using excessive force who fails to show up for trial? A recent decision by the U.S. Court of Appeals for the Eighth Circuit says the answer there is: ...
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More from this issue:
- Living and Dying on Rikers Island: The Latest Installment, by Kevin Bliss
- From the Editor, by Paul Wright
- Omicron Has Arrived. Many Prisons and Jails Are Not Ready., by Keri Blakinger, Beth Schwartzapfel
- The Good, the Bad and the Ugly of the Omicron Winter, by Jo Ellen Nott
- Suit by HRDC Alleging GTL and Securus Violated Sherman Anti-Trust Act Survives Motion to Dismiss, by Douglas Ankney
- Long-Time PLN Contributor Released from Solitary Stint in Oregon for ‘Contraband’ Toy Phone, by Jacob Barrett
- $90,000 Paid by Illinois County to Prisoner Tasered by Two Guards He Wasn’t Resisting, by David Reutter
- Inmate Magazine Service Settlement Prohibits Further Sale of Magazine Subscriptions, Orders Payment of $2.2 Million for ‘Consumer Redress’
- Sixth Circuit Denies Qualified Immunity for Failure to Protect Michigan Prisoner from Unsafe Working Conditions, by David Reutter
- HRDC Appeals Denial of Public Records Request for Documentation of Secret Settlement in Maine Jail Prisoner’s Excessive Force Lawsuit, by Matthew Clarke
- $10,000 Awarded by Nevada Federal Court to Prisoner Assaulted by Former State Prison Guard, by Matthew Clarke
- Prison Employee Union Fighting to Stop Closure of San Diego Federal Detention Center, by Keith Sanders
- Lawsuit Over Winter Power Outage at Brooklyn’s Troubled Federal Detention Center Granted Class Certification, by Kevin Bliss
- Another Death by Taser in Sangamon County, Illinois Jail, by Jayson Hawkins
- Activists Play Whack-a-Mole Closing ICE Detention Centers, by David Reutter
- North Carolina Renames Prisons Whose Names Honored Enslavers, by Matthew Clarke
- Investigations Into the Deaths of Several Prisoners and Two Guards Reveal Rampant Corruption, Cover-ups in California Prison, by Keith Sanders
- $900,000 Settlement in Class Action Lawsuit Alleging Securus Recorded California Prisoner-Attorney Calls, by David Reutter
- Settlement for New Jersey Special Needs Prisoner Students Includes Damages, Fees and Education, by Edward Lyon
- $7,500 Settlement for Pennsylvania Prisoner Assaulted by Guards And Denied Medical Care
- White Supremacist Groups Continue to Infest Florida DOC
- $1 Million Default Judgement for Michigan Jail Prisoner Against Health Care Provider in Sexual Assault, by Mark Wilson
- Transgender Women in Illinois DOC Secure Injunction with Special Monitor, by Casey Bastian
- Seven Prisoners Died in 2021, One by Homicide, at Virginia’s Only Private Prison
- ‘They Know No Bounds’: Suffolk County New York Prosecutors Sent to Prison, by Edward Lyon
- Eighth Circuit Rules Guard’s History of Excessive Force too Prejudicial or a Jury to Hear in Prisoner’s Excessive-Force Case, by Matthew Clarke, Jacob Barrett
- Tennessee CoreCivic Prison Guard Indicted for Beating Unresisting Prisoner, Attempting Cover-up, by Harold Hempstead
- New York Jail Required to Provide Methadone to Detainee for Addiction Treatment
- Fifth Circuit Holds Private Immigration Detention Facilities Are Subject to Trafficking Victims Protection Act’s Prohibition Against Coerced Labor, by Matthew Clarke
- Seventh Circuit: No Case for Loss of Eye from Medical Neglect Because of Lack of Expert Testimony, by Jacob Barrett
- Ninth Circuit Continues Trend of Reversing Injunctive Relief Protecting Prisoners From COVID-19, by Douglas Ankney
- Fifth Circuit Says Federal Habeas Action May Not Be Used to Challenge Conditions of Confinement Related to COVID-19, by Matthew Clarke
- Judge Sentences Boss of ‘Horrific’ Cuyahoga Ohio Jail to Prison, by Edward Lyon
- After Second Circuit Rules in His Favor, Connecticut Prisoner Required to Exercise in Full Restraints for Six Months Takes $100,000 Settlement, by Matthew Clarke
- Qualified Immunity Granted in Suit Challenging Policy of “Checking-In” on Nevada Prisoner’s Legal Calls, by David Reutter
- Seventh Circuit Grudgingly Affirms Summary Judgment in Illinois’ Prisoner’s Suicide Lawsuit, by Dale Chappell
- California Appeals Court Reverses Dismissal of Charges Against Prisoners Charged in Pelican Bay Riot, by David Reutter
- Fourth Circuit Grants Qualified Immunity to Prison Official Who Gave Prisoner No Notice Before Hearing That Resulted in Transfer to Security Detention, by David Reutter
- ‘Disconnect’ Between Illinois Prisoner’s Grievance and Complaint Results In Failure to Exhaust, by Jacob Barrett
- Fifth Circuit Reinstates Federal Prisoner’s Tort Claim Against BOP Officials, by Keith Sanders
- $4,000 Federal Bench Verdict to Kentucky Prisoner Assaulted by Guard While Restrained
- News in Brief
More from Matthew Clarke:
- Texas Social Workers Challenge Blanket Denial of State Occupational License Based on Youthful Assault Convictions, Aug. 1, 2025
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Award of Time Served Credit for Non-Citizen Awaiting Extradition, Aug. 1, 2025
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences, Aug. 1, 2025
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025
- Kansas Supreme Court Revives Prisoner’s Challenge to Loss of Parental Rights, June 1, 2025
- Fifth Circuit Reinstates Baha’i Texas Prisoner’s Dietary Claim, June 1, 2025
- $5.6 Million Settlement for California Prisoner’s Wife Strip-searched During Visit, June 1, 2025
- Academic Study of Prison Guards’ Use of Excessive Force Details Sad State of Civil Rights for Abused Prisoners, June 1, 2025
More from Jacob Barrett:
- $120,000 Settlement Reached With Long Island Detainee Assaulted by Jail Guards, July 15, 2023
- $17.675 Million Paid for New Yorker’s Wrongful Conviction, June 15, 2023
- Eighth Circuit Greenlights Arkansas Execution Protocol, June 15, 2023
- Second Circuit Upholds Connecticut Prison Porn Ban, Sets Up Circuit Split Over “Vagueness” Test, June 15, 2023
- Louisiana Sheriff Coughs Up $2.75 Million After Falsely Claiming Detainee Died From Accidental Fall, June 15, 2023
- Nevada Pays Over $568,000 for Denying Prisoner Cataract Surgery, Ends “One Good Eye” Policy, June 15, 2023
- Corizon Bankruptcy Threatens $6.4 Million Award to Family of Michigan Prisoner Whose Five-Day Jail Term Turned Into Death Sentence, June 1, 2023
- Detainee Allegedly “Eaten Alive” by Vermin in Overcrowded Atlanta Jail, May 1, 2023
- Ninth Circuit: Grievance Policy May Excuse Oregon Prisoner’s Failure to Exhaust Administrative Remedies, May 1, 2023
- Nevada Pays Over $568,000 for Denying Prisoner Cataract Surgery, Ends “One Good Eye” Policy, May 1, 2023
More from these topics:
- Now Under Federal Receivership, New York City’s Rikers Island Jails Still Have No Plan to Improve, No Firm Date to Close, Aug. 1, 2025. Guard Misconduct, DOC/BOP misconduct, Jail Misconduct, Corrections Audits, Systemic Medical Neglect, Medical Records, Eighth Amendment.
- Suit Filed Over Fatal Beating of New York Prisoner That Sparked Massive Guard Strike, Aug. 1, 2025. Guard Misconduct, Failure to Treat, Guard Brutality/Beatings, Restraints, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death).
- News in Brief, Aug. 1, 2025. Staff-Prisoner Assault, Private Prisons, Misconduct/Corruption, Guard Misconduct, Systemic Medical Neglect, Male Reproductive, Malpractice, Escapes, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Excessive Force (Wrongful Death), Juvenile Prisons, Bureau of Prisons (BOP), Bribery/Extortion/Theft.
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025. War on Terror, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Terrorism.
- Former Maine Prison Guard Arrested and Detained by ICE Agents, Aug. 1, 2025. Guard Misconduct, Guards/Staff, Immigration Law/Offenses.
- $6.75 Million Settlement Reached in Suit Accusing Massachusetts Guards of Retaliatory Assaults on Prisoners, Aug. 1, 2025. Racial Discrimination, Retaliation, Guard Brutality/Beatings.
- Multiple Prisoner Suits Accuse Guards of Violence at Virginia BOP Lockup, Aug. 1, 2025. Racial Discrimination, False Charges (Disciplinary Hearings), Guard Brutality/Beatings, Restraints, Failure to Treat (Mental Illness), Discrimination (Transgender).
- SCOTUS Clamps Down on Bivens Extension to Prisoner Beaten by BOP Guards at Virginia Lockup, Aug. 1, 2025. Guard Brutality/Beatings, Restraints, Immunity - Absolute and Qualified, Bivens Actions.
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Guard Brutality/Beatings.
- $1.2 Million for New York Prisoner Waterboarded by Guards, Aug. 1, 2025. Staff-Prisoner Assault, Guard Brutality/Beatings, Exceptions.