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Nebraska Supreme Court Holds Discretionary Function Exception Bars Lawsuit Over Prison’s Botched Response to Uprising

Loaded on Oct. 1, 2021 published in Prison Legal News October, 2021, page 15

The Mother’s Day riot at Tecumseh State Correctional Institution (TSCI) in 2015 ended with two dead and countless injuries to prisoners and staff. When one of the prisoners injured filed a lawsuit that prison officials failed to protect him during the riot and that their response was inadequate, the court ...

 

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More from this issue:

  1. PREA: Tackling the Nightmare of Prison Rape, by David Reutter
  2. From the Editor, by Paul Wright
  3. Nebraska Supreme Court Holds Discretionary Function Exception Bars Lawsuit Over Prison’s Botched Response to Uprising
  4. Arizona Federal Court Rescinds Approval of Jensen Settlement; Sets Class Action Medical and Control Unit Case Against Arizona DOC for Trial, by Matthew Clarke
  5. $50,000 Settlement for Denial of Medical Care at Tribal Jail in Montana
  6. Protective Order Issued in Florida Solitary Confinement Lawsuit, by David Reutter
  7. Georgia Enacts Massive Probation Reform Bill, by David Reutter
  8. Prison Staff Are Refusing Vaccines. Incarcerated People Are Paying the Price., by Joshua Manson, Erika Tyagi
  9. The States that Lead the Nation in COVID-19 Cases Are Hiding Their Prison Data, by Neal Marquez, Erika Tyagi, Sharon Dolovich
  10. Court Grants Class Certification for Illinois Prisoners in Restrictive Housing Lawsuit, by Keith Sanders
  11. Eighth Circuit Reverses Dismissal of HRDC Postcard-Only Suit Against Arkansas Jail, by David Reutter
  12. South Carolina Attorney General Issues Opinion That Information in State Prisoners’ Death Certificates Is Public Information, by Matthew Clarke
  13. HRDC Case Sues JPay Over Fee-Heavy “Release Card” Debit Cards
  14. Eleventh Circuit Holds No Qualified Immunity on Deliberate Indifference in Heat Exhaustion Case, by David Reutter
  15. Colorado Jail Blows Through $16 Million in COVID Relief Money, Has Outbreak Anyway, Settles ACLU Conditions Suit, by David Reutter
  16. Tennessee Department of Corrections Rebids $123 Million Health Care Contract After Corizon Accuses It and Centurion of Bid Rigging, by Matthew Clarke
  17. Death, Neglect and Despair in U.S. Tribal Jails, by Daniel A. Rosen
  18. Study Analyzes Deaths of Parole-Approved Texas Prisoners Awaiting Release, by Matthew Clarke
  19. File a CFPB Complaint for Unfair Money Transfer Fees
  20. Hunger Strike, Ceiling Collapse, Lawsuit Spotlight Deteriorating Conditions at Women’s Prison in Illinois, by Panagioti Tsolkas, Brian Dolinar
  21. Sacramento Sheriff Used Prisoner Welfare Fund for Trips, Salaries and Equipment, by Matthew Clarke
  22. Fourth Circuit Rules Prisoner Sex Offender has No Right to In-Person Visitation with His Minor Children, by Douglas Ankney
  23. Virginia Department of Corrections Confirms Visitation Not Primary Means of Contraband Introduction, by Kevin Bliss
  24. Seven Former GEO Employees Plead Guilty in Federal Texas Private Jail Bribery Scheme
  25. Indiana DOC Settles Class-Action Lawsuit Over Ban on Incoming Mail Except That in White Envelopes Using White, Lined Paper
  26. Supreme Court Reverses Qualified Immunity Dismissal of Texas Prisoner’s Excessive Force Claim, by Douglas Ankney
  27. Local Pennsylvania Voters Ban Solitary Confinement and No-Knock Warrants, by David Reutter
  28. Absent Expert Medical Testimony, Deliberate Indifference Tough to Prove in Medical Cases, by David Reutter
  29. Erie County Sheriff Settles AG Lawsuit for Violating New York Reporting Directives, by Kevin Bliss
  30. California Slashes High Call Rates in Prisons and Jails, by Chuck Sharman
  31. Mailbox Rule Inapplicable to Prisoners Represented by Counsel
  32. Federal New York City Jail Made Infamous by Jeffrey Epstein Death Closed Due to Persistent Problems and Incompetence
  33. New Connecticut Law Eliminates Prison Gerrymandering
  34. $56 Million Settlement in CoreCivic Securities Violation Lawsuit, by David Reutter
  35. Judge Orders COVID Emergency Release Procedures at Lompoc Federal Prison, by Jayson Hawkins
  36. Eleventh Circuit Grants Prisoner with Hep C Exception to PLRA Three Strikes Rule
  37. Washington DC Jail’s Suicide Proof “Safe Cell” Use Not Safe for Prisoners, by Kevin Bliss
  38. Iowa County Wants to Use COVID-19 Relief Money to Build New Jail, by Keith Sanders
  39. $1 Million Settlement in Georgia Prisoner’s Preventable Suicide Attempt and Death, by David Reutter
  40. Immigration Detention Contracts Cancelled in Georgia and Massachusetts, by Daniel A. Rosen
  41. $500,000 Settlement for California Jail Rape, Deputy Fired and Sentenced
  42. Pay-to-Play Lives in FEC Decision Not to Enforce Ban on Political Contributions by Boca Prison Contractor The GEO Group, by Dan Christensen
  43. News in Brief