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Fourth Circuit Reinstates Virginia Prisoner’s Spoliation Motion for Lost Video of His Alleged Assault by Guards

Loaded on Feb. 1, 2023 by David Reutter published in Prison Legal News February, 2023, page 22
Filed under: Videotaping, Guard Brutality/Beatings. Location: Virginia.

by David M. Reutter

On July 25, 2022, the U.S. Court of Appeals for the Fourth Circuit held that a district court in Virginia abused its discretion by implicitly overruling a prisoner’s spoliation objections when several critical issues were left unresolved by the magistrate judge.

The Court’s opinion was issued ...

 

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  1. Convictions at Any Cost: DOJ Report Slams Three Decades of Snitches and Due Process Violations in California’s Orange County, by Benjamin Tschirhart
  2. New BOP Director Clears Up First Step Act Implementation, by Benjamin Tschirhart
  3. From the Editor, by Paul Wright
  4. Incarcerated People Have Few Ways to Fight Back Against Censorship in Prisons, by Tamar Sarai
  5. Burning Tires Left Louisiana Prisoners With Migraines, Breathing Problems, and Minimal Medical Care As black smoke poured out of a burning tire dump in Louisiana, people inside the prison next door struggled to keep the fumes out., by Alleen Brown
  6. Ninth Circuit Says Statements Relayed at Criminal Trial By Nurse and Doctor Are Admissible, Not Hearsay, by David Reutter
  7. $959,000 Paid by Pennsylvania County in Deaths of Two Detainees, Plus at Least $750,000 from PrimeCare, by Ashleigh Dye
  8. Fourth Circuit Reinstates Virginia Prisoner’s Spoliation Motion for Lost Video of His Alleged Assault by Guards, by David Reutter
  9. Federal Judge in Pennsylvania Rules BOP Must Honor Transgender Prisoner’s Legal Name Change, by Casey Bastian
  10. Tenth Circuit Says Prison Work Assignment Covered Under ADA Protections, by Kevin Bliss
  11. Seventh Circuit: Indiana Prisoner Who Failed to Formalize Grievance Also Failed to Exhaust Remedies, by David Reutter
  12. Investigation Reveals “Black Market in Broad Daylight” for Prison Food, by Benjamin Tschirhart
  13. Record Deaths at Rikers Island Blamed on Guards’ Absenteeism, Abuse and Corruption, by David Reutter, Anthony Accurso
  14. $20,000 Paid by Centurion and MHM Health Professionals to Arizona Prisoner for Alleged Deliberate Indifference and Medical Negligence, by Jacob Barrett
  15. Third Circuit Strips Qualified Immunity From Delaware Guards Who Held Mentally Ill Prisoner in Solitary for Seven Months, by David Reutter
  16. Too Many Alabama Prisoners Still Dying with Too-Few Guards, Many Corrupt, by Jo Ellen Nott
  17. Former Tennessee Police Chief Sentenced to Six Years for Abusing Arrestees, by Kevin Bliss
  18. Ninth Circuit Revives Failure-to-Protect Claim of Arizona Prisoner Beaten by Gang, by David Reutter
  19. Florida Jailers Leave Detainees Out of Evacuation Plans During Hurricane, by David Reutter
  20. Arizona DOC Accused of Cheating Both Guards and Prisoners Out of Hourly Wages, by Keith Sanders
  21. Ninth Circuit Says California Felons Can Fight Fires While Imprisoned, But Not After, by Benjamin Tschirhart
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  24. Student Loan Debt and Prisoners, by Edward Lyon
  25. Arizona Resumes Executions, by Chuck Sharman, Eike Blohm, MD
  26. New Report Estimates U.S. Prisons Hold Nearly 50,000 People in Solitary Confinement, by Jennifer Taylor
  27. After Federal Judge Censors Lawyer’s Tweets About CoreCivic, Company Settles Suit Over Tennessee Prisoner’s Murder by Cellmate, by Harold Hempstead
  28. Fourth Circuit Says Three-Strikes Federal Prisoner’s Imminent Danger Claim Must Be Evaluated on ‘Totality of Circumstances’, by Benjamin Tschirhart
  29. Virginia Supreme Court Upholds Derivative Sovereign Immunity for Jail Physician, by Matthew Clarke
  30. Fifth Circuit: No Qualified Immunity for Mississippi Sheriffs in Suit Over Mentally Ill Man’s Years-long Unlawful Detention, by Matthew Clarke
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  44. $300,000 Paid by Colorado to Prisoner Sexually Harassed by Guard with Foot Fetish, by Harold Hempstead
  45. $98,000 Paid by BOP to Immigrant Detainees Racially Profiled as Terrorists in New York City Lockup, by Kevin Bliss
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  49. News in Brief

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