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Eleventh Circuit Says Florida Prisoner Alleging Sexual Assault by Guard Need Not Also Prove Excessive Force and Malicious Intent
Loaded on June 1, 2022
by David Reutter
published in Prison Legal News
June, 2022, page 18
Filed under:
Staff-Prisoner Assault,
Guard Brutality/Beatings,
Motive/Opportunity/Intent/Identity Evidence.
Location:
Florida.
by David M. Reutter
The U.S. Court of Appeals for the Eleventh Circuit has decided that when a prisoner alleges sexual assault by a prison official, the only fact he needs to prove is whether the sexual assault occurred and not that it was also carried out with excessive force ...
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More from this issue:
- Locked Up and Left to Die, by Sophie Novack,, Michael Barajas
- After 49 Years in Prison for a Murder in Which He Didn’t Pull the Trigger, Former Black Liberation Army Member Sundiata Acoli Wins Parole, by Chuck Sharman
- Fifth Circuit Reinstates Louisiana Prisoner’s Excessive-Force Claim Despite Prison Disciplinary Conviction Issued for the Same Incident, by Matthew Clarke
- From the Editor, by Paul Wright
- Fifth Circuit Reinstates Louisiana Prisoner’s Suit Dismissed on Heck Grounds, Holds Related Disciplinary Convictions Don’t Absolutely Bar Excessive Force Claims, by Matthew Clarke
- Securus Rolls Out “Free” E-tablets to Texas Prisoners, by Edward Lyon
- Oregon Federal Court Issues Groundbreaking, Model COVID-19 Damage Class & Wrongful Death Class Certification, by Mark Wilson
- Eleventh Circuit Says Florida Prisoner Alleging Sexual Assault by Guard Need Not Also Prove Excessive Force and Malicious Intent, by David Reutter
- Washington Pays $3.25 Million for Negligent Medical Care Causing Preventable Prisoner Death, by Mark Wilson
- DOJ Secures Settlement With South Carolina Department of Juvenile Justice at Detention Center Where Staff Hogtied and Bit Kids, by Brooke Kaufman
- Healthcare Audit in Utah Prisons Reveals “Inadequate Service” and “Systemic Deficiencies” After 18 Prisoner Deaths During Pandemic, by Benjamin Tschirhart
- Ninth Circuit Holds California Prison Officials Entitled to Legislative Immunity When Promulgating Rules, by David Reutter
- After Paying $500,000 to Consultant Outed for Corruption Ties, Iowa DOC Accused of Allowing “Corporate Dodge”, by Jacob Barrett
- $12.5 Million Settlement Over Invasive Strip and Body Cavity Searches of NYC Jail Visitors, by Matthew Clarke
- Maine Center for Public Interest Reporting Uncovers Almost 1,000 Privileged Calls Recorded in Four County Jails, Sues York County for Denying Public Records Request, by Keith Sanders
- BOP Prisoners on Extended Home Confinement Not Headed Back to Prison When COVID-19 Emergency Ends, by Casey Bastian
- $500,001 Settlement Against Guard Who Groped Delaware Prisoner With Long History of Lost Cases, by Keith Sanders
- Kansas Appeals Court Vacates Prison Dentist’s Conviction for Sexually Abusing Prisoner, Says Touching Wasn’t “Lewd”, by Mark Wilson
- The Catalog of Carceral Surveillance: Mobile Correctional Facility Robots, by Beryl Lipton, Cooper Quintin
- Washington Pays $3 Million to Murdered Prisoner’s Family After Overriding Single-Cell Recommendation for Violent Cellmate, by Mark Wilson
- $275,000 Settlement Reached After Detainee’s Attempted Suicide at Illinois Jail, by David Reutter
- Settlement Finally Reached in Prisoners’ Hep-C Class-Action Against Connecticut DOC, by Edward Lyon
- Prison Phone Giant GTL Cuts Prices in Miami-Dade Jails, But Only After County Taps COVID-19 Relief Funds to Replace Forfeited Kickbacks, by Ashleigh Dye
- Kentucky Supreme Court Rules ‘Incarceration Fees’ May Not Be Collected After Charges Are Dismissed, by Casey Bastian
- Seventh Circuit Reinstates Suit of Epileptic Illinois Prisoner Who Suffered Seizure and Fell From Top Bunk, by Edward Lyon
- $250,000 Paid to Woman Forced to Give Birth in California Jail Cell by Guards and CFMG Nurses, by Ashleigh Dye
- Sacramento Shooting Stokes Debate Over CDCR Rule Changes on Good Conduct Credit, by Matthew Clarke
- U.S. Prison and Jail Populations Flat or Rising Again After 2020 Decline Spurred by Pandemic, by Matthew Clarke
- Third Circuit Joins Fifth, Tenth and D.C. Circuits in Holding Heck Favorable-Termination Dismissals Are PLRA Strikes, by Mark Wilson
- Sixth Circuit: Michigan DOC’s Years-Long Delay in Access to Religious Services and Items Constitutes Constructive Denial of Religious Exercise, by Jacob Barrett
- Illinois Department of Corrections Cancels Contract with Canteen Provider Keefe, by Kevin Bliss
- Georgia Sheriff Victor Hill Facing Criminal Trial for Using Restraint Chair to Punish Jail Detainees, by David Reutter
- $7,000 Default Judgment Awarded in Failure to Protect Suit Against Former Arkansas Jail Guard, by Harold Hempstead
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- Ineffective Mississippi Prison Industries on the Chopping Block After Scathing Report, by Ashleigh Dye
- Federal Suit Challenging Iowa DOC Ban on Nude Images Moves Forward, Defendants Denied Summary Judgement on Due Process Claim, by David Reutter
- Overdoses Skyrocket in Tennessee Prisons During Pandemic Despite Visitation Restrictions, by Edward Lyon
- Third Circuit Reinstates Suit Filed by Transgender Prisoner Assaulted at New Jersey Federal Prison, by Matthew Clarke
- $17.5 Million Paid to Ohio Prisoner Left Quadriplegic After Brutal Attack by Guards, by Harold Hempstead
- New Jersey Sex Offenders Excluded From Programming, Chances for Early Release, by Mario Palomo
- “On-Going Distress and Harm” Persist at FCI Sheridan Months After Court-Ordered Inspection, by Brooke Kaufman
- Sixth Circuit Revives Tennessee Detainee’s Suit, Holds Lower Court Not Required to Retain Jurisdiction of State Law Claims After Dismissing Federal Claims, by Matthew Clarke
- $45,000 Paid by Idaho Jail to Settle Censorship Suit Filed by HRDC, by Jacob Barrett
- Illinois Inspector General Finds Prisoner Labor Used to Benefit DOC Employees, by Casey Bastian
- Fifth Circuit Denies Qualified Immunity to Texas Sheriff Who Rehired Abusive Jailer Who in Turn Again Abused a Detainee, by Matthew Clarke
- $6,500 Settlement After Eleventh Circuit Affirms Denial of Qualified Immunity to Florida Jail Officials Who Repeatedly Opened Detainee’s Legal Mail, by David Reutter
- News in Brief
More from David Reutter:
- $2.4 Million Settlement Reached After Elderly Pretrial Detainee Strangled by Cellmate in San Antonio Jail, June 1, 2025
- Almost $4.4 Million for Illinois Prisoner’s Failure to Protect Claim, June 1, 2025
- Washington Appellate Court: Personal Restraint Petition Proper Vehicle to Challenge Community Supervision, June 1, 2025
- $2.8 Million Settlement in National NUMI Debit Release Card Class Action, June 1, 2025
- $6 Million Settlement in Illinois Detainee’s Gruesome Untreated Heroin Withdrawal Death, June 1, 2025
- Fourth Circuit: District Court Failed to Provide Sufficient Explanation for Sentence Imposed and Did Not Address Defendant’s Arguments for Downward Variant Sentence, May 15, 2025
- 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
More from these topics:
- 11th Alabama Sheriff’s Employee Pleads Guilty in Jail Detainee’s Death, Admits Stomping Him in Genitals, June 1, 2025. Jail Misconduct, Guard Brutality/Beatings, Failure to Protect (Staff).
- News in Brief, June 1, 2025. Staff-Prisoner Assault, Guard Misconduct, Excessive Force, Guard Brutality/Beatings, Ineffective Assistance of Counsel.
- $500,000 for Colorado Detainee Dropped On His Face by Jailers, June 1, 2025. Jail Misconduct, Guard Brutality/Beatings, Failure to Treat (Mental Illness).
- Academic Study of Prison Guards’ Use of Excessive Force Details Sad State of Civil Rights for Abused Prisoners, June 1, 2025. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Dogs, Burning, Electric Fences, Laser Weapons.
- $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.
- $50,000 for Excessive Force Claim by Maryland Prisoner Who Used to Be a Guard, June 1, 2025. Classification, Guard Brutality/Beatings, Legal Mail.
- Rural Virginia Jury Refuses to Hold Guards Liable for State Prisoner’s Death, June 1, 2025. Failure to Protect (General), Guard Brutality/Beatings, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness).
- $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).
- $1.3 Million for Massachusetts Prisoner Stabbed by Guard in Connecticut Lockup, June 1, 2025. Guard Misconduct, Failure to Protect (General), Guard Brutality/Beatings.
- 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.