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BOP Medical Personnel Absolutely Immune from Suit
Loaded on July 15, 2001
published in Prison Legal News
July, 2001, page 28
The Second Circuit Court of Appeals held that medical personnel employed by the Bureau of Prisons (BOP) are absolutely immune from suit. Prisoner John Andrew Cuoco, a preoperative male to female transsexual, filed an action against various officials at the BOP facility in Otisville, New York. Cuoco named as defendants …
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More from this issue:
- The Strangest of Bedfellows, by Noel Brinkerhoff
- From the Editor, by Paul Wright
- Class Action Medical Neglect Suit Filed Against CDC
- Wyoming Prison Officials Settle Poisoning and Medical Suits for over $200,000
- Pelican Bay Guard's Conviction Upheld, by Willie Wisely
- Virginia DOC Cuts Ties with CMS, by Robert Durkee
- Nineteen Killed in Brazilian Prison Rebellion
- PLRA's Attorney Fee Cap Held Unconstitutional, by John E Dannenberg
- New Jersey Prisoners' Disciplinary Convictions Reversed on Due Process Violations
- CCA Medical Cost-Saving Contract Unconstitutional
- Kentucky Judge Orders Hepatitis C Treatment
- $235,000 Awarded to CCA Prisoner in Medical Suit
- PLRA Limits Guard's Liability for Prisoner's Attorney Fees, by John E Dannenberg
- BOP Imposter Scheme Discovered
- Book Review: Capital Crimes, by Allen N Huxley
- Washington Prisoners' Out-of-State Transfer Upheld
- Defendants' Attorney Fee Award Must Be Supported by Record
- PLRA Physical Injury Rule Applies to ADA Claims
- Lack of "Volitional Control" Required for Civil Commitment of Kansas Sex Offenders; S.Ct. Grants Review
- Massachusetts Disenfranchises its Prisoners
- New Jersey Detainees Entitled to Medical Care
- Arkansas Guards Indicted for Shocking Prisoners
- Texas Prisoner Takes Hostages
- Court to Determine if Louisiana Must Treat Male and Female Prisoners Equally
- Detainee Entitled to Dental Care
- New York Prisoner Wins $7,200 in Negligence Suit
- $9.5 Million Awarded in Prisoner Van Fire Death
- New York City Settles Black Panther Frame Up Suit for $890,000, by Roger Smith
- Trial Required in Arizona Uprising Suit
- $1.4 Million Awarded to Raped Alaska Women Prisoners
- Kansas Conditional Release Is Mandatory
- Florida Religious Name Change Upheld
- Non-Physical Damage Claims Barred Until Released
- Retaliatory Infraction Creates Heck Exception
- New York AG Turns on Client
- Retaliation Claim Merits Factual Resolution
- Private Jail Settlement Not a Consent Decree under PLRA, by John E Dannenberg
- Constant Illumination States Eighth Amendment Claim
- Georgia Parole Law May Violate Ex Post Facto
- Oklahoma Good Time Rule Violates Ex Post Facto
- BOP Medical Personnel Absolutely Immune from Suit
- Book Review: The Perpetual Prisoner Machine: How America Profits From Crime, by Rick Card
- Trial Required in Oregon Law Clerk Retaliation Suit
- Preliminary Injunction Granted in TB Hold Case
- $250,000 Award to Beaten Texas Prisoner Upheld
- Summary Judgment for Private Physician Reversed
- News in Brief
More from these topics:
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies, Aug. 1, 2026. Sovereign Immunity, Religious Practices, Religious Property, First Amendment, rights, Religious Land Use and Institutionalized Persons Act (RLUIPA).
- Trump is Making Federal Prisons More Dangerous for Transgender Prisoners, Aug. 1, 2026. Prison Rape Elimination Act, Involuntary Treatment/Drugging, Transgender Medical Procedures, Discrimination (Transgender), Failure to Protect (Transgender).
- 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.
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, Deliberate Indifference.
- 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.
- Judge Grants Attorney’s Motion to Withdrawal from Corizon Health Case Due to Non-Payment, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Private Contractors, Failure to Treat, Bankruptcy.

