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Fifth Circuit: Texas Jail Guard’s Use of Taser on Compliant Detainee Unconstitutional

Loaded on Feb. 1, 2024 by David Reutter published in Prison Legal News February, 2024, page 40
Filed under: Jail Misconduct, Stun Guns/Tasers, Supervisory Liability. Location: Texas.

by David M. Reutter

On July 24, 2023, the U.S. Court of Appeals for the Fifth Circuit concluded that “precedents conclusively establish that the use of a taser on a non-threatening and cooperative subject is an unconstitutionally excessive use of force.” The Court, therefore, reversed summary judgment for …

 

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  1. Commissary and Food Service Privatization Strands Florida Prisoners in ‘Food Desert’, by David Reutter
  2. From the Editor, by Paul Wright
  3. Virginia Settles Suit Over Prisoner’s Death from Untreated Hepatitis C for $700,000, by David Reutter
  4. Eleventh Circuit Refuses to Reimpose Death Sentence for Intellectually Disabled Alabama Prisoner
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  8. $3 Million Settlement for Illinois Pretrial Detainee’s Opioid Withdrawal Death, by David Reutter
  9. First Circuit Lets BOP Take Prisoner’s Entire $10,956.36 Trust Account Balance for Restitution, by Douglas Ankney
  10. $2.9 Million Paid by Maryland to Exonerated Former Prisoner
  11. BOP Evacuates Federal Prison in Florida After Possible Carbon Monoxide Poisoning
  12. Censoring Women’s Health, by Kwaneta Harris
  13. Second Circuit Says New York Prisons Must Answer for Denying Court-Ordered Rehab, by David Reutter
  14. In Suit Over Connecticut Prisoner’s Death, Attorney General Will No Longer Represent Guard Convicted of Assault
  15. South Carolina Pays $200,000 to Jail Detainees Exposed to Toxic Fumes, by Douglas Ankney
  16. Ninth Circuit Revives Challenge by Federal Prisoner in Arizona to BOP’s 300-Minute Monthly Phone Cap, by David Reutter
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  18. Inmate Records Released from Closed Washington Psychiatric Lockup
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  22. Writing on the Prison Wall: How Prisons Suppress Prison Journalism
  23. Resistance to Bail Reform Powered By Untruthful Scaremongering, by David Reutter
  24. Fifth Circuit Denies Qualified Immunity to Louisiana Prison Chief for Prolonging Prisoner’s Detention with Sex Offender Misclassification, by David Reutter
  25. Sixth Circuit Revives Suit by Pregnant Mentally Ill Michigan Detainee Allegedly Kicked in Her Womb by Jail Guard, Losing Baby
  26. Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, by Mark Wilson
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  29. Record Temperatures in Southern Prisons Called Cruel and Unusual Punishment
  30. Fifth Circuit Says Both Texas Prisoner’s Dismissed Suit and His Lost Appeal Count as “Strikes”, by Douglas Ankney
  31. Restorative Justice Program Boosts South Carolina Prison and Public Safety, by David Reutter
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