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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 Jacob Barrett, Matthew Clarke 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 …

 

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More from this issue:

  1. Living and Dying on Rikers Island: The Latest Installment, by Kevin Bliss
  2. From the Editor, by Paul Wright
  3. Omicron Has Arrived. Many Prisons and Jails Are Not Ready., by Beth Schwartzapfel, Keri Blakinger
  4. The Good, the Bad and the Ugly of the Omicron Winter, by Jo Ellen Nott
  5. Suit by HRDC Alleging GTL and Securus Violated Sherman Anti-Trust Act Survives Motion to Dismiss, by Douglas Ankney
  6. Long-Time PLN Contributor Released from Solitary Stint in Oregon for ‘Contraband’ Toy Phone, by Jacob Barrett
  7. $90,000 Paid by Illinois County to Prisoner Tasered by Two Guards He Wasn’t Resisting, by David Reutter
  8. Inmate Magazine Service Settlement Prohibits Further Sale of Magazine Subscriptions, Orders Payment of $2.2 Million for ‘Consumer Redress’
  9. Sixth Circuit Denies Qualified Immunity for Failure to Protect Michigan Prisoner from Unsafe Working Conditions, by David Reutter
  10. HRDC Appeals Denial of Public Records Request for Documentation of Secret Settlement in Maine Jail Prisoner’s Excessive Force Lawsuit, by Matthew Clarke
  11. $10,000 Awarded by Nevada Federal Court to Prisoner Assaulted by Former State Prison Guard, by Matthew Clarke
  12. Prison Employee Union Fighting to Stop Closure of San Diego Federal Detention Center, by Keith Sanders
  13. Lawsuit Over Winter Power Outage at Brooklyn’s Troubled Federal Detention Center Granted Class Certification, by Kevin Bliss
  14. Another Death by Taser in Sangamon County, Illinois Jail, by Jayson Hawkins
  15. Activists Play Whack-a-Mole Closing ICE Detention Centers, by David Reutter
  16. North Carolina Renames Prisons Whose Names Honored Enslavers, by Matthew Clarke
  17. Investigations Into the Deaths of Several Prisoners and Two Guards Reveal Rampant Corruption, Cover-ups in California Prison, by Keith Sanders
  18. $900,000 Settlement in Class Action Lawsuit Alleging Securus Recorded California Prisoner-Attorney Calls, by David Reutter
  19. Settlement for New Jersey Special Needs Prisoner Students Includes Damages, Fees and Education, by Edward Lyon
  20. $7,500 Settlement for Pennsylvania Prisoner Assaulted by Guards And Denied Medical Care
  21. White Supremacist Groups Continue to Infest Florida DOC
  22. $1 Million Default Judgement for Michigan Jail Prisoner Against Health Care Provider in Sexual Assault, by Mark Wilson
  23. Transgender Women in Illinois DOC Secure Injunction with Special Monitor, by Casey Bastian
  24. Seven Prisoners Died in 2021, One by Homicide, at Virginia’s Only Private Prison
  25. ‘They Know No Bounds’: Suffolk County New York Prosecutors Sent to Prison, by Edward Lyon
  26. Tennessee CoreCivic Prison Guard Indicted for Beating Unresisting Prisoner, Attempting Cover-up, by Harold Hempstead
  27. Eighth Circuit Rules Guard’s History of Excessive Force too Prejudicial or a Jury to Hear in Prisoner’s Excessive-Force Case, by Jacob Barrett, Matthew Clarke
  28. New York Jail Required to Provide Methadone to Detainee for Addiction Treatment
  29. Fifth Circuit Holds Private Immigration Detention Facilities Are Subject to Trafficking Victims Protection Act’s Prohibition Against Coerced Labor, by Matthew Clarke
  30. Seventh Circuit: No Case for Loss of Eye from Medical Neglect Because of Lack of Expert Testimony, by Jacob Barrett
  31. Fifth Circuit Says Federal Habeas Action May Not Be Used to Challenge Conditions of Confinement Related to COVID-19, by Matthew Clarke
  32. Ninth Circuit Continues Trend of Reversing Injunctive Relief Protecting Prisoners From COVID-19, by Douglas Ankney
  33. Judge Sentences Boss of ‘Horrific’ Cuyahoga Ohio Jail to Prison, by Edward Lyon
  34. 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
  35. Qualified Immunity Granted in Suit Challenging Policy of “Checking-In” on Nevada Prisoner’s Legal Calls, by David Reutter
  36. Seventh Circuit Grudgingly Affirms Summary Judgment in Illinois’ Prisoner’s Suicide Lawsuit, by Dale Chappell
  37. 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
  38. California Appeals Court Reverses Dismissal of Charges Against Prisoners Charged in Pelican Bay Riot, by David Reutter
  39. ‘Disconnect’ Between Illinois Prisoner’s Grievance and Complaint Results In Failure to Exhaust, by Jacob Barrett
  40. Fifth Circuit Reinstates Federal Prisoner’s Tort Claim Against BOP Officials, by Keith Sanders
  41. $4,000 Federal Bench Verdict to Kentucky Prisoner Assaulted by Guard While Restrained
  42. News in Brief

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