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Claims by Beaten Indiana Jail Prisoner Upheld; Guard’s Indemnification Claim Denied by The plaintiff said he was beaten by guards; the defendants said he was beaten by one officer, who was fired and recommended for criminal investigation. He was allegedly unruly, was gassed with pepper spray and then strapped into …
Prison Strip and Pat Searches Upheld by The plaintiff's conclusory claim of retaliation for filing grievances and lawsuits are dismissed. Prison officials may not retaliate against prisoners for exercising their constitutional rights, but such claims must be viewed with skepticism and care because they are prone to abuse and can …
Beating, Pepper Spraying of Prisoners on Bus Ride Upheld by The plaintiff was "subdued" after protesting the treatment of another prisoner in the yard. The next day, he and other inmates were put shackled on a bus for transfer, and some of the prisoners created a disturbance on the bus. …
Deported Plaintiff Can Be Deposed Telephonically, Dismissal Denied by The plaintiff sued under the Federal Tort Claims Act alleging that INS agents beat him up. He was subsequently deported and forbidden to return to the United States. The government moved to dismiss on the ground that he didn't show up …
Article • August 15, 2008
Venue Proper Where Claim Arose by The plaintiff alleged excessive force by guards and two of the defendants moved to dismiss for improper venue or to transfer. Since one defendant lives in the Northern District of Illinois, venue there is proper. The court transfers the case to the Central District …
Firing of Abusive Texas Prison Guards Upheld by The plaintiff correctional officers were fired for misconduct in connection with a use of force. After acquittal in their criminal trials, the prison system refused to restore their jobs. They claimed that the prison system had suppressed exculpatory evidence. Their claims are …
Article • August 15, 2008
No Right to Have Evidence Preserved or Wrongdoers Prosecuted by At 81: ". . . [T]here is no federal right to have criminal wrongdoers prosecuted. See Leeke v. Timmerman, 454 U.S. 83, 87 (1981)...." The failure to preserve evidence of an alleged use of force did not violate the right …
Article • August 15, 2008
Slapping Prisoner on Face Okay by The plaintiff was being transferred and shouted obscenities and refused to put out her cigarette. The Sheriff says he tried to take the cigarette out of her mouth and she tried to bite him, and his hand "made contact" with her face. The plaintiff …
Beating Claims Must Be Exhausted by The PLRA exhaustion requirement applies to use of force claims The plain meaning of "prison conditions" encompasses such claims ("conditions" defined as "restricting, limiting, or modifying circumstances") However, some courts think there is an ambiguity, so the court looks to Congressional intent In § …
Fifth Circuit Upholds Convictions of Three INS Officers by The Fifth Circuit has upheld the convictions and sentences of three Immigration and Naturalization Service (INS) deportation officers for excessive use of force and deliberate indifference to the serious medical needs of a prisoner. Richard Gonzales, Louis Gomez and Carlos Reyna …
Federal Court Rules RFRA Applies to Guantanamo by by Matthew T. Clarke The United States District Court for the District of Columbia ruled that the Religious Freedom Restoration Act (RFRA), 42 U.S.C. 2000bb, et seq., applied to the detention facilities at the U.S. military base at Guantanamo Bay, Cuba. Shafiq …
PRISON IS A CENTRAL FEATURE OF PALESTINIAN LIFE by Audrey Bomse, Esq. Since 1967, when the West Bank and Gaza were first occupied by Israel, over 650,000 Palestinians have been detained for resisting the Israeli Occupation by political, military and other means. This constitutes approximately 20% of the total Palestinian …
Federal Prison Guard Suspended Indefinitely for Active Duty Assault in Iraq by Former Metropolitan Detention Center (New York) federal prison guard Gary Pittman sought review of a 2006 Merit Systems Protection Board's (Board) affirmation of his release from federal employment upon return from active military duty in Iraq. He alleged …
Article • August 15, 2008 • from PLN August, 2008
Maryland Juvenile Justice Official Resigns Over Past Abuse Allegations by David Reutter Just seven months after he was hired as director over Maryland’s juvenile detention facilities, Chris Perkins, 38, resigned his $76,000 a year position when a Montana judge unsealed a report that found Perkins had abused children at a …
$64,900 Award in Arkansas Excessive Force Claim; Warden Held Not Liable by David Reutter by David M. Reutter The Eighth Circuit Court of Appeals has reversed a judgment against the warden of Arkansas’ Cummins Unit, finding he did not have sufficient knowledge that the guards under his supervision were inflicting …
Article • August 15, 2008
Losing Brutality Suit in State Court Bars Federal Claim by The plaintiff lost his use of force claim in the state Court of Claims; the court held that the preponderance of evidence showed that the officers followed DOCS routine. That decision precludes the plaintiff from relitigating the use of force …
Jail Guards Get Qualified Immunity for Beating, Pepper Spraying Prisoner Who Commits Suicide by The decedent was arrested for public intoxication; there was a fight when he was booked, resulting in his being sprayed with pepper spray or other chemical restraint. The officers carried him to a cell and sprayed …
Class Certified in Conditions Suit at SD Juvenile Prison by Plaintiffs challenged conditions in a juvenile training school, including the use of mechanical restraints, strip searches by opposite sex guards, excessive force, arbitrary lockdown or isolation, lack of disciplinary due process, etc. The court certifies a class of a present …
Prison Beating Claim Subject to Exhaustion by Use of force claims are prison conditions claims for purposes of exhaustion. At 1365: The court treats exhaustion as jurisdictional, interpreting a line in Alexander v. Hawk for more than it probably is worth and ignoring all contrary case law. A statement from …
Article • August 15, 2008
Excessive Force Kansas Juvenile Death Case Settled for $185,000 by A 17-year-old Kansas prisoner’s estate was paid $185,000 to settle claims related to his death. Mr. Mapes, a 17-year-old juvenile detainee, had an altercation with a guard, who restrained him by handcuffing him and sitting on his chest. Mapes died …
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