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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 …
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More from this issue:
- PHS Redux: Sued In A Dozen States, Contract Losses, Stock Plummets, Business Continues, by John Dannenberg
- Utah House of Refuge a House of Horrors, by Gary Hunter
- Wisconsin Halfway House Overbills BOP; Fired Whistle blower Settles For $435,000, by John Dannenberg
- From the Editor, by Paul Wright
- Floridas Civil Commitment Center Under Funded and Out-of-Control, by David Reutter
- California Guard Murdered By Prisoner; Investigative Reports Blame Gross Staff Incompetence, by Marvin Mentor
- California County Jail Settles Overdue Prisoner Hospital Bills For $1.5 Million, by John Dannenberg
- South Carolina Prison Industries Program Implements Some Audit Recommendations, by Michael Rigby
- Illinois Cook County Jail Embroiled in Shootings, Scandals and Escapes
- $1,156,149 Awarded to Former Federal Prisoner for Failure to Diagnose and Treat Throat Cancer
- Colorado Expands Private Prisons While Fining CCA for Understaffing, by Matthew Clarke
- Record $3.2 Million Settlement for Wrongfully Imprisoned Massachusetts Man, by Michael Rigby
- Florida County Sued Over Refusing Sex Offender Home Weather Stripping
- Private Geo Prison in Texas Rocked By Prisoner Abuse, Disturbance and Escape, by Matthew Clarke
- Prisoner Dies in Custody of Washington Jailers, by Gary Hunter
- Georgia Sheriff Indicted on Corruption Charges, Pleads Guilty, by Gary Hunter
- Corruption in Arpaio's Office: AZ County Continues Paying Convicted Sheriffs Sgt., by Gary Hunter
- U.S. Businesses Lobby Government to Curb Federal Prosecutors, by Matthew Clarke
- Georgia Prison Guards Plead to Misdemeanors in Prisoner Beatings, by Michael Rigby
- Unique Texas Sexual Predator Civil Commitment Has Successes/Failures, by Matthew Clarke
- L.A. County Sheriff Settles Two Jail Excessive Force Suits For $135,000
- Settlement Agreement Evicts Room and Board Fees From Georgia Jail, by Michael Rigby
- Supreme Court: No Exclusionary Rule for Vienna Convention Violations, by Matthew Clarke
- Ex-Con Denied Admission To AZ Bar
- New York Parole Rates Plunge Under Governor Patakis Policy
- $6,280,000 Settlement For Illegal California Juvenile Hall Strip Searches, by John Dannenberg
- Idaho Population Cap Upheld; $155,858.68 in Fees and Cost Awarded; 300+ Prisoners Shipped to Minn. C
- New York Jail Employee Charged With Sexual Abuse Commits Suicide
- Federal Prisoner Awarded $150.00 For Food Poisoning, by Michael Rigby
- Minnesota Court Invalidates Some Evidence Standard in Disciplinary Hearings for Fact-Finding, by David Reutter
- $50,000 Settlement for Neck Injury Resulting from Seattle Jail Guards Excessive Force
- Wrongly Imprisoned Massachusetts Man Settles Suit Against City For $2,450,000
- L.A. County Settles With Abused Quadriplegic Prisoner For $46,000
- Sovereign Immunity No Bar to BOP Prisoners' Eighth Amendment Mandamus Suit
- Oregon Predatory Sex Offender Designation Order Reversed; Notice and Hearing Required in All Cases
- New Jersey Appeals Court Upholds Statute Disenfranchising Felons
- News in Brief:
- Mentally Ill Arkansas Prisoners Removed From Supermax, CMS Contract Renewed, by Michael Rigby
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