Police, The Fourth Amendment, Qualified Immunity

Civil cases by prisoners against guards

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As you may know, or be able to guess, there are a lot of civil suits by prisoners against guards. These civil suits often allege brutal and/or grossly unfair treatment by guards. This blog doesn’t cover those cases very much — while I am confident that some prisoners suffered terrible abuse, I am equally confident that some prisoners make stuff up or exaggerate. The sad situation with America’s overcrowded prisons is outside the scope of this blog.

That said, I will make a three part policy prescription: (i) full camera coverage in prisons so that bad treatment like beatings and rapes are always recorded; (ii) for litigation purposes, prisoners get relatively hassle-free access to footage in which they appear; and (iii) if video footage of the prisoner cannot be found then there shall be no witness testimony on behalf of the prison as far as what occurred during the missing footage.

Here is a kind of typical prisoner case where my policy prescription would have helped:

SENALAN v. Curran, Dist. Court, ND Illinois 2015

Written by Burgers Allday

February 9, 2015 at 6:50 am

Posted in Uncategorized

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