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Fourth Circuit Reinstates Federal Prisoner's FTCA Claim
Loaded on March 15, 2005
published in Prison Legal News
March, 2005, page 32
In an unpublished decision involving a prisoner's lawsuit under the Federal Tort Claims Act (FTCA), the U.S. Fourth Circuit Court of Appeals held that genuine issues of material fact precluded summary judgment of the prisoner's claim.Dwayne Manning, a federal prisoner, alleged that during a search of his prison cell, ...
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More from this issue:
- California Corrections System Officially Declared Dysfunctional" - Redemption Doubtful
- Pay To Play: Guard Union Spreads the Wealth
- New York Jail Settles Strip-Search Suit For $2.7 Million
- Five Florida Cases Remanded for Award of Jail or Prison Credits
- South Carolina Prison Officials Cheat Charity, Attempt Coverup
- Washington Guards Settle Lawsuits For $7,270,000 And $810,000, Lose Third
- Ohio Lawyer Suspended for Promising Favor from Judge for Money
- Harsher Oregon Parole Statute Cannot Be Applied Retroactively
- From the Editor
- Problems Plague Illinois Jails And Prisons, Employees Watch Television for Pay, by Michael Rigby
- Connecticut Woman Gang-Raped In Sheriff's Van Settles Suit For $480,000
- Prison Population Still Rising in Mid-Year 2003
- Exhaustion of Administrative Remedy Requirement May be Excused
- Wrongfully-Convicted Missouri Woman Receives $7.5 Million After 16 Years in Prison
- Judges Of Death, by Mumia Abu-Jamal
- U.S. v. Booker: The Left Wing Gives and the Right Wing Takes Away, by David Zuckerman
- Delaware Prisoner's $100,000 Damage Award For Retaliation Upheld
- Fulton County Jail under Federal Control
- 9th Circuit Explains Habeas Jurisdiction Under 28 U.S.C. § 2254, Upholds Washington Transfer to Priv
- NO FTCA or IIED Claims Stated in Oregon Testicular Radiation Case
- Uprising by Vermont Prisoners Damages CCA Prison in Kentucky, by Matthew Clarke
- Destruction of Exculpatory Disciplinary Evidence May Violate Due Process Clause
- New York Jail's Strip Search Policy Permanently Enjoined
- Oregon Ban On Sexually Explicit Mail, Fantasy Games Upheld, State Law Claims Remanded
- Washington Community Custody Sanctions Upheld
- Delaware Prisoner Killed In Hostage Standoff, Counselor Raped
- Summary Judgment Reversed In Los Angeles Jail Over-Detention Suit
- Harsh Pre-trial Conditions of Confinement Justify Reduced Federal Sentence
- Fourth Circuit Reinstates Federal Prisoner's FTCA Claim
- Pennsylvania Statute Banning Sex Between Staff and Prisoners Upheld
- $78,435 in Attorney Fees for Successful Challenge to Pennsylvania's Megan's Law
- PHS and Florida Sheriff Fight Over Liability in Jail Beating Death Suit
- Mailbox Rule Applies to Texas Prisoners Civil Filings
- Civil Punitive Damages On Top Of Criminal Punishment Is Not Double Punishment
- Arizona Appellate Court Vacates Restitution Order In Escape Case
- Idaho Prisoner States Valid Retaliation Claim Against Parole Commission
- Lucasville: The Untold Story of a Prison Uprising, by Karen Thimmes
- Missouri Post-Conviction Proceedings Not Encompassed By PLRA Payment Scheme
- Massachusetts Court Imposes Time Limits For Unrepresented Criminal Defendants
- News in Brief:
- Washington Absconding Does Not Toll LFO Collection Statue
More from these topics:
- Minnesota Supreme Court Says Randy Guard Must Face Prisoner’s Sexual Harassment and Assault Claims, Feb. 15, 2025. Staff-Prisoner Assault, Staff-Prisoner Harassment, Guard Misconduct, Federal Tort Claims Act, Federal Tort Claims Act (FTCA).
- California Changes Prisoner Property Policy After Suit Filed Alleging Gender Discrimination Against Men, Nov. 15, 2024. Gender Discrimination -- Men, Prisoner Property.
- Missouri Prisoners Losing Reentry Money to “Incarceration Reimbursement”, Oct. 15, 2024. Release and Reentry, Seizure of Prisoner Funds, Prisoner Property.
- Seventh Circuit Again Rejects Challenge to Three-Book Limit at Cook County Jail by Now-Dead Detainee, April 1, 2024. Jail Specific, Prisoner Property, Publications/Books, Banned Book Lists.
- Fifth Circuit Reinstates Federal Prisoner’s Tort Claim Against BOP Officials, Feb. 1, 2022. Federal Tort Claims Act, Failure to Treat (Mental Illness).
- Eleventh Circuit Upholds Immunity of Federal Prison Guards Under FTCA, Even for Blatant Unconstitutional Acts, Nov. 1, 2021. Guard Misconduct, Federal Tort Claims Act, Qualified Immunity.
- Second Circuit Reversed Dismissal of Former BOP Prisoner’s FTCA Claim Against Dentist, Nov. 1, 2021. Failure to Treat, Federal Tort Claims Act.
- Wyoming Supreme Court Abandons Alter Ego Rule in Relation to Defense-of-Another Claim, June 15, 2021. Federal Statutory Law.
- Third Circuit Upholds Federal False Liens Conviction and 48-Month Sentence, May 5, 2020. Wrongful Imprisonment, Federal Tort Claims Act.
- Sixth Circuit Holds Ohio Rule Requiring Merit Affidavit Inapplicable in BOP Prisoner’s Tort Action, April 1, 2020. Systemic Medical Neglect, Complaints, Federal Tort Claims Act.