×
You've used up your 3 free articles for this month. Subscribe today.
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, ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
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
More from these topics:
- Class-Action Suit at BOP “Rape Club” in California Settled for Record $116 Million, July 15, 2025. Staff-Prisoner Assault, DOC/BOP misconduct, Settlements, Injunctions, Class Actions.
- Eleventh Circuit Announces New Deliberate Indifference Framework in Dismissing Georgia Prisoner’s Claim for Skipped Anti-Seizure Meds, July 15, 2025. Medication, Seizures, Failure to Treat.
- Nearly $2.6 Million Paid to Former Minnesota Jail Detainee for Injuries from Delayed Withdrawal Treatment, July 15, 2025. Medication, Systemic Medical Neglect, Drug/Alcohol Withdrawal, Failure to Treat, Deliberate Indifference.
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025. Geriatric Classification, Medical, Failure to Treat, Elderly Defendants.
- Preliminary Injunction Issued Against Milwaukee Jail’s Mail Policy in HRDC Suit, July 15, 2025. Injunctions, Censorship, First Amendment, Prison Mail, Legitimate Penological Interests, Reasonably Related to Legitimate Penological Interest.
- Sixth Circuit: Michigan Tolling Statute Applies to PLRA Administrative Exhaustion Requirement, July 15, 2025. Retaliation for Litigating, Administrative Exhaustion (PLRA), Tolling of Statutes of Limitations and Laches.
- Eighth Circuit Excuses Missouri Prisoner’s Failure to Exhaust Remedies While He Was In a Coma, June 1, 2025. Systemic Medical Neglect, Administrative Exhaustion (PLRA).
- $6 Million Settlement in Illinois Detainee’s Gruesome Untreated Heroin Withdrawal Death, June 1, 2025. Drug/Alcohol Withdrawal, Failure to Treat, Medical Neglect/Malpractice.
- Study Finds Just 1% of Prisoner’s Eighth Amendment Claims Succeed, May 1, 2025. Retaliation for Filing Grievances, Systemic Medical Neglect, Eighth Amendment, Administrative Exhaustion (PLRA), Cruel and Unusual Punishment.
- BOP Jettisons Transgender Offender Manual, May 1, 2025. Injunctions, Banned Book Lists, Discrimination (Transgender), Bureau of Prisons (BOP).