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Fifth Circuit Reinstates Louisiana Prisoner’s Excessive-Force Claim Despite Prison Disciplinary Conviction Issued for the Same Incident

Loaded on June 1, 2022 by Matthew Clarke published in Prison Legal News June, 2022, page 12
Filed under: Disciplinary Litigation, Guard Brutality/Beatings. Location: Louisiana.

by Matt Clarke

In its decision 28 years ago in Heck v. Humphrey, 512 U.S. 477 (1994), the U.S. Supreme Court held that a prisoner’s claims affecting the duration of his confinement—including loss of “good time”—are barred when a favorable decision would “negate” a prison disciplinary decision.

Further explaining ...

 

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  1. Locked Up and Left to Die, by Sophie Novack,, Michael Barajas
  2. After 49 Years in Prison for a Murder in Which He Didn’t Pull the Trigger, Former Black Liberation Army Member Sundiata Acoli Wins Parole, by Chuck Sharman
  3. Fifth Circuit Reinstates Louisiana Prisoner’s Excessive-Force Claim Despite Prison Disciplinary Conviction Issued for the Same Incident, by Matthew Clarke
  4. From the Editor, by Paul Wright
  5. Fifth Circuit Reinstates Louisiana Prisoner’s Suit Dismissed on Heck Grounds, Holds Related Disciplinary Convictions Don’t Absolutely Bar Excessive Force Claims, by Matthew Clarke
  6. Securus Rolls Out “Free” E-tablets to Texas Prisoners, by Edward Lyon
  7. Oregon Federal Court Issues Groundbreaking, Model COVID-19 Damage Class & Wrongful Death Class Certification, by Mark Wilson
  8. Eleventh Circuit Says Florida Prisoner Alleging Sexual Assault by Guard Need Not Also Prove Excessive Force and Malicious Intent, by David Reutter
  9. Washington Pays $3.25 Million for Negligent Medical Care Causing Preventable Prisoner Death, by Mark Wilson
  10. DOJ Secures Settlement With South Carolina Department of Juvenile Justice at Detention Center Where Staff Hogtied and Bit Kids, by Brooke Kaufman
  11. Healthcare Audit in Utah Prisons Reveals “Inadequate Service” and “Systemic Deficiencies” After 18 Prisoner Deaths During Pandemic, by Benjamin Tschirhart
  12. Ninth Circuit Holds California Prison Officials Entitled to Legislative Immunity When Promulgating Rules, by David Reutter
  13. After Paying $500,000 to Consultant Outed for Corruption Ties, Iowa DOC Accused of Allowing “Corporate Dodge”, by Jacob Barrett
  14. $12.5 Million Settlement Over Invasive Strip and Body Cavity Searches of NYC Jail Visitors, by Matthew Clarke
  15. Maine Center for Public Interest Reporting Uncovers Almost 1,000 Privileged Calls Recorded in Four County Jails, Sues York County for Denying Public Records Request, by Keith Sanders
  16. BOP Prisoners on Extended Home Confinement Not Headed Back to Prison When COVID-19 Emergency Ends, by Casey Bastian
  17. $500,001 Settlement Against Guard Who Groped Delaware Prisoner With Long History of Lost Cases, by Keith Sanders
  18. Kansas Appeals Court Vacates Prison Dentist’s Conviction for Sexually Abusing Prisoner, Says Touching Wasn’t “Lewd”, by Mark Wilson
  19. The Catalog of Carceral Surveillance: Mobile Correctional Facility Robots, by Beryl Lipton, Cooper Quintin
  20. Washington Pays $3 Million to Murdered Prisoner’s Family After Overriding Single-Cell Recommendation for Violent Cellmate, by Mark Wilson
  21. $275,000 Settlement Reached After Detainee’s Attempted Suicide at Illinois Jail, by David Reutter
  22. Settlement Finally Reached in Prisoners’ Hep-C Class-Action Against Connecticut DOC, by Edward Lyon
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  24. Kentucky Supreme Court Rules ‘Incarceration Fees’ May Not Be Collected After Charges Are Dismissed, by Casey Bastian
  25. Seventh Circuit Reinstates Suit of Epileptic Illinois Prisoner Who Suffered Seizure and Fell From Top Bunk, by Edward Lyon
  26. $250,000 Paid to Woman Forced to Give Birth in California Jail Cell by Guards and CFMG Nurses, by Ashleigh Dye
  27. Sacramento Shooting Stokes Debate Over CDCR Rule Changes on Good Conduct Credit, by Matthew Clarke
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  29. Third Circuit Joins Fifth, Tenth and D.C. Circuits in Holding Heck Favorable-Termination Dismissals Are PLRA Strikes, by Mark Wilson
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  42. Sixth Circuit Revives Tennessee Detainee’s Suit, Holds Lower Court Not Required to Retain Jurisdiction of State Law Claims After Dismissing Federal Claims, by Matthew Clarke
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  47. News in Brief

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