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Sovereign Immunity No Bar to BOP Prisoners' Eighth Amendment Mandamus Suit
Loaded on Nov. 15, 2006
published in Prison Legal News
November, 2006, page 41
Filed under:
Dental Care,
Failure to Treat,
PLRA,
Administrative Exhaustion (PLRA),
Injunctions,
Mandamus,
Declaratory Judgment,
Sovereign Immunity.
Location:
Kansas.
The Tenth Circuit Court of Appeals has held that a federal prisoner's mandamus action alleging an Eighth Amendment violation is not barred by the doctrine of sovereign immunity. This action was brought by Bureau of Prisons (BOP) prisoner Ron Simmat, who is incarcerated in the United States Penitentiary at Leavenworth, ...
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