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Intentional Delay to Prevent Prisoner's Suicide Precludes Qualified Immunity
Loaded on Aug. 15, 2004
published in Prison Legal News
August, 2004, page 40
Intentional Delay to Prevent Prisoner's Suicide
Filed under:
Appeals,
Qualified Immunity,
Control Units/SHU/Solitary Confinement,
Suicides.
Location:
South Dakota.
Precludes Qualified Immunity
The Eighth Circuit Court of Appeals
held a guard's delay to prevent a prisoner's suicide is deliberate indifference to serious medical needs. This action was brought by the mother of South Dakota State Penitentiary (SDSP) prisoner Jeremy Gacek after he hanged ...
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More from this issue:
- The Complicity of Judges in Wrongful Convictions, by Hans Sherrer
- Washington Persistent Prison Misbehavior Statute Upheld
- Exporting the American Way of Crime
- Federal DNA Statute Not Challengeable in Criminal Appeal
- From the Editor, by Paul Wright
- Texas Boot Camp Denied Immunity for Ignoring Serious Medical Needs
- Habeas Hints, by Kent A. Russell
- Montana BMPs Are Cruel and Unusual Punishment, by Mark Wilson
- Former Texas Prison Guard Awarded $275,000 in Race Discrimination Suit
- Illinois Appeals Court Overturns Warden's Reckless Homicide Convictions
- Local Officials Tell Prisoners: "You don't live here", by Peter Wagner
- CCA Medical Contract Doesn't Violate 8th Amendment
- No Qualified Immunity for Florida Jail Guards in Prisoner Murder
- New Jersey Civil Commitment Hearings Secret, Biased, by Michael Rigby
- Rape of Women Prisoners Rampant in Ohio, by Michael Rigby
- Facts Contained in Administrative Remedies Not Automatically Deemed Facts Alleged in Complaints
- Executions Rose in 2002; Texas Led in Number of Deaths
- California Prison Guards Organize to Sue Assaultive Prisoners
- No Qualified Immunity for Prison Officials on Tobacco Smoke Complaints
- Florida's Felon Disenfranchisement Law Under Spotlight, by David Reutter
- California Guard's Obscene Behavior Towards Prisoner Is Actionable, by Marvin Mentor
- California No-Parole-Policy Suits For Damages And Injunctive Relief Fail, by John E Dannenberg
- Denial of Dentures States Eighth Amendment Claim
- Ohio Supreme Court Holds Some Sex Predators Not Required to Register
- Permanent Injunction Against California Book Ordering Restrictions Affirmed, by John E Dannenberg
- Georgia Sheriff as "Arm of the State" Entitled to Eleventh Amendment Immunity, by Bob Williams
- Washington Court Establishes Procedures for Community Placement Violation Hearings
- Tenth Circuit Holds Prisoner Has Burden Under PLRA To Plead Administrative Exhaustion, by John E Dannenberg
- Hearsay Testimony of Prison Officials Found Inadmissible in Criminal Prosecution and Probation Revocation
- Mailbox Rule Applied To Administrative Forfeiture Proceeding, by Bob Williams
- California Credit Restoration Denial Ruled Ex Post Facto, by John E Dannenberg
- Mentally Ill Texas Prisoner Not Entitled to Hepatitis Treatment
- Tennessee: Staph Outbreak, Delayed Treatment, Death Highlight Prison Healthcare Problems, by Michael Rigby
- Two Courts Interpret Provisions of Federal Appellate Rule 4; Prisoner Appeals Dismissed as Untimely
- 2004 Supplement to the California State Prisoners Handbook, by John E Dannenberg
- PLRA Indigency Provision Inapplicable When Filing Fee Paid
- No Qualified Immunity in Jail Suicide Attempt
- Washington Agencies Must Explain Reasons for Denying Public Disclosure Requests
- Intentional Delay to Prevent Prisoner's Suicide Precludes Qualified Immunity
- News in Brief
- Virginia SCC Without Jurisdiction to Hear Prisoner Phone Rate Challenge
More from these topics:
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- Fifth Circuit Denies Qualified Immunity to Louisiana Officials Who Forced Prisoner to Work with Broken Surgical Screws in Ankle, May 1, 2025. Prison Labor, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference, Fair Labor Standards Act (FLSA).
- Self-Harming Wisconsin Prisoner Settles Failure-to-Protect Suit for $7,000, April 1, 2025. Settlements, Suicides, Failure to Protect (Staff).
- Federal Watchdog Calls Out BOP for Spiking Suicide Risk at Pennsylvania Lockup, April 1, 2025. Suicides, Bureau of Prisons (BOP).
- $250,000 Settlement But No Charges After Alabama Guards Beat Prisoner To Death, April 1, 2025. Guard Brutality/Beatings, Settlements, Excessive Force (Wrongful Death), Control Units/SHU/Solitary Confinement, Deliberate Indifference.
- New York Suspends Solitary Ban to Woo Back Striking Prison Guards, April 1, 2025. Work Strikes, Control Units/SHU/Solitary Confinement, Guards/Staff.
- Tenth Alabama Jail Employee Pleads Guilty in Detainee’s Freezing Death, April 1, 2025. Exposure to Cold, Failure to Protect (Wrongful Death), Medical Neglect/Malpractice, Control Units/SHU/Solitary Confinement.
- Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Jailers Who Ignored Detainee’s Spider Bite, March 1, 2025. Failure to Treat, Qualified Immunity, Immunity - Absolute and Qualified.
- ‘Eye Opening’ Self-Harm Found in Washington DOC Solitary Confinement, March 1, 2025. Failure to Protect (General), Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness).
- $100,000 Settlement Reached in New York Prisoner’s Solitary Confinement Suit, After Jury for First Time Finds Practice Violates Eighth Amendment, March 1, 2025. Eighth Amendment, Settlements, Control Units/SHU/Solitary Confinement.