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Article • May 15, 2007
Missouri Prisoner Awarded $16,000 In § 1983 Use-Of-Force Action by Missouri Prisoner Awarded $16,000 In § 1983 Use-Of-Force Action On April 4, 1990, the U.S. District Court for the Western District of Missouri awarded $16,000 to a prisoner who was shackled to a bed and beaten by guards at the …
Article • May 15, 2007
Fourth Circuit Vacates Maryland Beating Verdict by The Fourth Circuit Court of Appeals has reversed a jury's verdict finding guards at the Maryland Correctional Adjustment Center violated a prisoner's Eighth Amendment rights by using excessive force on him. Quinten X. Jackson claimed guards used excessive force on him in two …
14 Deputies Who Kill Person in Courtroom Not Entitled to Judicial Immunity by The non-prisoner decedent persisted in trying to ask the judge a question and he told the deputies to restrain him. So 14 of them jumped on him and killed him. The deputies' conduct is not shielded by …
Article • May 15, 2007
Trial Court Must Make Fact Findings Before Ordering Stun Belt by The application of a stun belt to a criminal defendant is governed by the same considerations and body of law as restraint devices. Such a decision "must be subjected to close judicial scrutiny to determine if there was an …
Article • May 15, 2007
$163,900 Settlement in Illegal Shackling of Chicago Jail Prisoner by The Cook County Sheriff's Office in Illinois has agreed to pay 500 former prisoners $50 per day for each day they were illegally shackled hand and foot to a hospital bed. The lawsuit was filed originally by three prisoners, Khalil …
Article • May 15, 2007
Court Orders Leg Shackled for Criminal Defendant by The court makes findings of fact memorializing its decision to require the plaintiff to be leg- shackled during his jury trial. He had a history of one escape, significant mental disability, and numerous disciplinary charges. The court relied in part on the …
Article • May 15, 2007
Prejudice Required for Courtroom Shackling Claim by The plaintiff's claim of courtroom shackling amounts only to harmless error, since only one juror saw the plaintiff in handcuffs and none saw his leg restraints. At 691: ". . . [A] jury's brief or inadvertent glimpse of a defendant in physical restraints …
Article • May 15, 2007
Black FBI Agent Beaten by Police States Claim by The African-American plaintiff was pulled over for a traffic violation and cooperated with the police officer in every respect, including informing him that he was an FBI agent and was armed. The defendant officer handcuffed him and then grabbed him from …
Disabled Prisoner's Handcuffing Suit Proceeds to trial Under RA by The plaintiff alleged that he was injured when prison staff ignored an order to handcuff him in front because of a medical problem with his shoulder, which he said resulted in dislocation of his shoulder. The plaintiff alleged a violation …
Article • May 15, 2007
Filed under: Restraints, Juveniles
No Immunity for School Official Taping Second Grader's Head to Tree by "The facts are not complicated." A school vice principal taped a second-grade student's head to a tree as punishment, releasing him after five minutes when a fifth-grade student said she didn't think he ought to be doing that. …
New York City Settles Guards' Assault On Prisoner For $9,900 by In 2004 the City of New York paid $9,900 to settle a prisoner's federal lawsuit that alleged guards at Bikers Island beat him and then wrote false disciplinary reports against him. On May 27, 2003, plaintiff Anthony Colon was …
No Liability for Arrestee Who Chokes to Death on Vomit While Wearing Spit Mask by The decedent was arrested for public intoxication based on ample visible evidence, and vomited in the police cruiser. He had a large amount of fluid in his mouth, which he refused to spit out until …
Stun Gunning & Straitjacketing Prisoner Okay by Stun Gunning & Straitjacketing Prisoner Okay The United States Court of Appeals for the Sixth Circuit held that the use of a stun gun and straight jacket by police on a prisoner did not violate the Eighth Amendment, and jail officials were not …
District Court Partly Upholds Prisoner's Excessive Force, Medical Negligence Claims by A federal district court in the Western District of Virginia has partly upheld a prisoner's civil rights claims against Virginia prison officials. Discovery was ordered in the case. Tyrone Shelton is a Virginia prisoner at Red Onion State Prison …
Article • May 15, 2007
Use of Force While Prisoner Restrained Defeats Summary Judgment by A Kansas Federal District Court held a guard's initial use of force to restrain a prisoner was permissible under the circumstances of the case, but found a genuine issue of material fact existed as to the reasonableness of force used …
Article • May 15, 2007
Shackling Prisoner Witnesses at Trial Discussed by The Ninth Circuit Court of Appeal held a defense witness may be shackled at a jury trial, and a defendant must request lesser alternatives to shackling or curative instructions to the jury to not consider the shackling for the Court to consider prejudice …
Article • May 15, 2007
Connecticut Police Officers' Liability in Beating Handcuffed Arrestee Generally Upheld by Connecticut Police Officers' Liability in Beating Handcuffed Arrestee Generally Upheld The U.S. Second Circuit Court of Appeals generally upheld a judgment on a jury verdict against New Haven, Connecticut police officers who beat and dragged a handcuffed Army captain …
Eighth Amendment Action States Claim, Warden's Qualified Immunity Defense Barred by Eighth Amendment Action States Claim, Warden's Qualified Immunity Defense Barred The U.S. District Court, C.D. California, held that a prisoner's Eighth Amendment action under §1983 stated a claim and that the warden was not entitled to qualified immunity; however, …
Eighth Circuit Again Reverses District Court; Remands for Jury Trial by The Eighth Circuit Court of Appeals has, for the second time, reversed the Arkansas Eastern District Court's dismissal of an Arkansas state prisoner's claim that Arkansas Department of Corrections (DOC) guards maliciously and sadistically used excessive force to remove …
Article • May 15, 2007
Use of Stun Gun, Four-Point Restraints Not Constitutional Violation by The U.S. Third Circuit Court of Appeals affirmed a federal district court in Pennsylvania by holding that a state prisoner's Eighth Amendment rights were not violated by guards' use of a stun gun and four-point restraints, where evidence showed the …
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