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Sixth Circuit Refuses Michigan Prisoner’s Excessive Force Claim Despite Guard’s Conviction for Battery
Loaded on April 1, 2024
by David Reutter
published in Prison Legal News
April, 2024, page 24
Filed under:
Jail Misconduct,
Eighth Amendment,
Guard Brutality/Beatings,
State Law Claims,
Immunity - Absolute and Qualified.
Location:
Michigan.
by David M. Reutter
On August 16, 2023, the U.S. Court of Appeals for the Sixth Circuit affirmed dismissal of a Michigan prisoner’s lawsuit with an outrageous-sounding opinion that a guard “may have violated a prison use-of-force policy or committed a state-law tort,” yet that “does not necessarily” mean there ...
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More from this issue:
- NaphCare: More Proof That Privatized Healthcare Deals Death and Misery to the Incarcerated to Enhance Profits, by David Reutter
- Woman Denied Cardiac Care in Federal Prison in Texas—Despite Personal Assurance of BOP Medical Director
- From the Editor, by Paul Wright
- With Push to Empty North Carolina’s Death Row Comes Another to End Life Without Parole
- Drunken “Karen” Jail Guard in Michigan Invades Former Home, Demands to Speak to Prosecutor When Cops Arrive
- Alaska Prisons Report Three Deaths in Three Days
- Months-Long Wisconsin Prison Lockdown Prompts Lawsuits
- Florida County Makes Free Jail Phone Calls Available
- Colorado Prisoners Disciplined for Not Working Despite Ban on Prison Slavery
- From Prison Cook to Praised Pizza Chef
- Louisville Jail Records 15 Detainee Deaths, 16 Employees Fired
- 428 Georgia Prison Employees Criminally Charged in Five Years
- California Prisons Locked Down After Massive Riot Hospitalizes Prisoner, Eight Guards
- One Detainee Dying Every Week in L.A. County Jails
- Sentencing Project Finds “Important Inroads” Against Mass Incarceration, Racial Inequality Behind Bars
- Condemned Texas Prisoner Ruled Too Mentally Ill to Execute, by Matthew Clarke
- HRDC Awarded Over $130,000 in Legal Costs and Fees for Defendant’s “Bad Faith” in Maine Records Lawsuit, by David Reutter
- Oregon Prisoner’s Parole Deferral Based on “Dangerous Offender” Statute Reversed
- Maryland Compensates Exonerated Prisoner Over $340,000
- Seventh Circuit Again Rejects Challenge to Three-Book Limit at Cook County Jail by Now-Dead Detainee, by David Reutter
- $33 Million Awarded to Family of Oklahoma Jail Detainee Mocked By Nurse and Guards As He Died Begging for Help, by Douglas Ankney
- $9,000 Settlement in Wisconsin Prisoner’s Heat-Related Illness Suit, by Matthew Clarke
- Sixth Circuit Refuses Michigan Prisoner’s Excessive Force Claim Despite Guard’s Conviction for Battery, by David Reutter
- Lights, Camera, Action! “Dead Man Walking” Comes to Sing Sing
- Parole and Probation Accused of Driving Prison Growth, by David Reutter
- Louisiana Supreme Court Springs Prisoner From Death Row
- $1.75 Million Settlement Reached in Washington Jail Suicide, by David Reutter
- Grand Jury Slams Sacramento County for Delaying Jail Improvements Mandated in Consent Decree, by Douglas Ankney
- Kansas DOC Claims Discrimination Against Wiccans Was “Inadvertent”, by Douglas Ankney
- California Adds Statewide Detention Monitors Overseeing Local Jails
- Massachusetts High Court Calls Denial of Prisoner’s Medical Parole without Risk Assessment Arbitrary and Capricious, by Douglas Ankney
- Third Circuit Revives Disabled New Jersey Prisoner’s Claim for Deprivation of Walking Cane, by Douglas Ankney
- Nine Employees Arrested at Troubled South Carolina Jail
- Missouri Moms Jailed After Kids Miss Too Much School
- Two Kansas Prison Guards Fired, Six Disciplined for Mocking Injured Prisoner and Refusing Her Help
- Exceptional Punishments, by Kate Weisburd
- N.J. Prison Guard Sacked Over Mock George Floyd Killing
- Third Circuit Unhappy with Federal Detainee’s Denied Marriage Request at Pennsylvania GEO Group Lockup
- Russian Opposition Leader Dies in Prison
- Oklahoma Jail Withholds Death Records, Fails to Report Five Since 2018, by Matthew Clarke
- $8.5 Million Settlement After Pretrial Detainee Suffocated by Guards and Medical Staff at Virginia Psychiatric Hospital, by David Reutter
- $11.6 Million Settlement Reached in HRDC Debit Release Card Case in Washington; California Victory Remanded
- Georgia Sheriff Resigns After Groping TV Judge’s Breast
- North Carolina Court of Appeals Reinstates Parolee’s Parental Rights, Says Parole Conditions Barred Him from Visiting Minor Daughter, by Matthew Clarke
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- Massachusetts Prisoners Again Stage Hunger Strike Against Solitary Confinement
- Eleventh Circuit Calls Georgia Prisoner’s Dismissed Suit Outside PLRA “Strike Zone”
- $19.3 Million Awarded to Former Illinois Prisoner Repeatedly Sexually Assaulted by Prison Counselor
- Missouri Expands Prison Mail Ban to Include Books Sent by Family, Friends
- Federal Prisoners Released Under First Step Act Show 37% Reduction in Recidivism, by Matthew Clarke
- Arizona Supreme Court Reverses Summary Judgment for Corizon Health in State Prisoner’s Death from Untreated Diabetes, by Matthew Clarke
- Washington DOC Outfits Guards with Narcan
- Class-Action Lawsuit Challenges Use of Presumptive Drug Tests by Washington DOC
- Fifth Circuit Finds Louisiana Prisoner’s Solitary Confinement Not Sufficiently “Atypical” to Violate the Constitution, by David Reutter
- Connecticut DOC Held Liable for Failure to Treat Transgender Prisoner’s Gender Dysphoria, by Douglas Ankney
- Eighth Circuit Affirms Qualified Immunity for Missouri Prison Chief in Sexual Abuse Claims Against Former Guard, by David Reutter
- Ninth Circuit Says Federal Prisoner in California May Have Bivens Claim for Delays in Medical Care Allegedly to Cover Up Assault by BOP Guard
- $2,000 Paid to Former Arkansas Jail Detainees Given Horse Dewormer for COVID-19, by Douglas Ankney
- At BOP California “Rape Club” Prison: Historic Ruling, FBI Raid, Warden Removed
- News in Brief
More from David Reutter:
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- Houston Police Fire Former Jail Guard Filmed Brutalizing Detainees, Charges Against Three Other Guards Dropped, March 1, 2025. Videotaping, Guard Brutality/Beatings, Relevant Conduct.
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025. Eighth Amendment, Felon Disenfranchisement Statute.
- Mayhem, Murder and Staff Misconduct at Brooklyn BOP Lockup, March 1, 2025. Cell Searches, Drug Testing, Prison/Jail Murders, Guard Brutality/Beatings, Cell Phone Access, Searches - Cellphones/Computers/Internet.
- $1.5 Million Settlement For In-Custody Injury by New York Police, March 1, 2025. Guard Brutality/Beatings, Settlements, Police/Govt Misconduct, Prison Brutality.
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025. Videotaping, Guard Brutality/Beatings, Restraints, Summary Judgment, Physical Injury/Restraint.
- Harvey Weinstein Files Notice of Claim Over Rikers Island Detention, Feb. 15, 2025. Systemic Medical Neglect, Conditions of Confinement, State Law Claims.
- Charges Dismissed Against Connecticut Guards Who Assaulted Prisoner, Feb. 15, 2025. Escapes, Guard Brutality/Beatings, Dismissal, Social Media, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025. Guard Misconduct, Prison Gangs, Failure to Protect (General), Guard Brutality/Beatings, Settlements.
- Former South Carolina Jailer Spared Prison After Testimony Fails to Convict Former Sheriff, Feb. 15, 2025. Guard Brutality/Beatings, U.S. Sentencing Guidelines, Sentences - Adjustments and Departures, Offense of Conviction.
- Historic $7 Million Settlement in Lawsuit Over Michigan Jail Prisoner’s Fatal Beating, Feb. 15, 2025. Guard Brutality/Beatings, Settlements.