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Sleep Deprivation Not Frivolous Claim
by Ronald Young
The court of appeals for the Fifth circuit held that a prisoner's claim based on custodial classification was frivolous, and the prisoner's Eighth Amendment claim was frivolous insofar as it sought damages for emotional suffering. The court also held that the prisoner stated a non-frivolous Eighth Amendment …
The court of appeals for the Fifth circuit held that a prisoner's claim based on custodial classification was frivolous, and the prisoner's Eighth Amendment claim was frivolous insofar as it sought damages for emotional suffering. The court also held that the prisoner stated a non-frivolous Eighth Amendment …
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More from this issue:
- Wackenhut's Woes: Guard Killed in New Mexico Riot; Prisoners Exiled to Virginia Supermax, by Alex Friedmann
- From the Editor, by Paul Wright
- Pro Se Tips and Tactics (Civil Appeals), by John Midgley
- Beaten Attica Prisoner Awarded $70,000
- Lockdown America: Police and Prisons in the Age of Crisis, by Christian Parenti (Review), by Paul Wright
- Maximum Security University, edited by Tom Quinn (Book and Video Review), by Paul Wright
- CDC Settles Corcoran Shooting Suit for $2.2 Million
- Notes from the Unrepenitentiary, by Linda Evans
- CSC Cancels Florida Juvenile Facility Contract
- Stanford University Tests Drugs on Imprisoned Juveniles
- Ninth Circuit Vacates Previous Opinion Ruling PLRA's Provision Unconstitutional
- Virginia Juvenile Dies of Accidental Heart Attack, by Dan Pens
- Tennessee Prison Guard to Pay $50,000 for Stabbing
- Pelican Bay Guard Indicted in Shooting, by Willie Wisely
- 1999 Washington State Legislative Roundup
- Arizona Can't Seize All Prison Labor Back Wages
- Riots Rock CCA Prison in Oklahoma
- New Jersey Jail Settles Chemical Burn Suit for $900,000
- IFP Plaintiffs Must Have Opportunity to Challenge Reasons for "Bad Faith" Certifications
- Punitive Shackling Without a Hearing Okay
- Construction Audit Criticizes Oregon DOC
- Eleventh Circuit Upholds Constitutionality of PLRA's Automatic Termination Provision
- South Dakota Eliminates Law Libraries
- Trial Required in ADA Suit over HIV Medication
- Fifth Circuit Says Rotting to Death in Prison Okay, by Ronald Young
- Many Florida Prison Guards Are Law Breakers
- Administrative Remedies Exhausted When Response Time Elapses
- Sandin Does Not Apply to Pretrial Detainees
- Sleep Deprivation Not Frivolous Claim, by Ronald Young
- Washington Court of Appeals Holds Restitution Orders Invalid
- Illinois Prison Home to Illegal Tire Dump
- Dismissal of Haircut Suits Reversed
- Retaliation Verdict Remanded for Damages
- Prisoner Withstands Summary Judgment on Cell Condition Claim
- Washington Good Time Ban Unconstitutional
- News in Brief
- Satellite Tracks Parolees, by Willie Wisely
More from Ronald Young:
- Private Prison Lobbying Group Founded, Jan. 15, 2002
- Ohio Eliminates Prison Oversight Committee; Reduces Prison Funding, Jan. 15, 2002
- Corrections Corporation of America Announces Closing of Youngstown Prison, Jan. 15, 2002
- Colorado ACLU Settles Restraint Board Suit, Jan. 15, 2002
- New Missouri Mega-Prison Mothballed, Dec. 15, 2001
- Texas Jury Awards $70,000 in Prison Stabbing, Dec. 15, 2001
- Arizona CCA Prison Found 'In Turmoil', Dec. 15, 2001
- Family of BOP Prisoner Awarded $1.1 Million in Wrongful Death Suit, Dec. 15, 2001
- Blind Ohio Prisoner Spends Months in Strip Cell, Nov. 15, 2001
- Mississippi Taxpayers Fund Welfare Payments to Private Prisons, Nov. 15, 2001
More from these topics:
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.
- Nevada Prisons Are Facing a Medical Crisis Due to Understaffing, Aug. 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Staffing, Medical Neglect/Malpractice.
- Oregon Reaches $49 Million Settlement with State Prisoners in COVID-19 Class-Action, Aug. 1, 2026. COVID-19, Eighth Amendment, Settlements, Class Certification, Qualified Immunity.
- Eighth Circuit Revives § 1983 Complaint Alleging Jail Detainees’ Death from Stroke was Due to Deliberate Indifference and Failure to Train, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Failure to Train/Supervise, Deliberate Indifference.
- Alabama Barred from Executing Prisoner by Nitrogen Hypoxia, July 1, 2026. Totality of Conditions, Eighth Amendment, Death Penalty, Cruel and Unusual Punishment, Wrongful Use of Force.
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- $25,000 Paid to Former New York Jail Detainee Subjected to Delayed Healthcare and Denied Mental Healthcare— Despite Seven Suicide Attempts, July 1, 2026. Failure to Treat, Conditions of Confinement, Mental Health, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- North Texas Prison Evacuated After Carbon Monoxide Leak, July 1, 2026. Toxic Fumes/Chemicals, Eighth Amendment, Exposure to Cold, Water, Exposure to Heat.
- Texas Officials Testify That Cost to Air Condition Prisons Tops $1.5 Billion, May 1, 2026. Eighth Amendment, Exposure to Heat, Administrative Exhaustion (PLRA), Deliberate Indifference, Prison Litigation Reform Act (PLRA).