×
You've used up your 3 free articles for this month. Subscribe today.
Colorado: When Suing Private Prison under Common Law Tort, Exhaustion of Administrative Remedies Not Required
Loaded on April 15, 2009
published in Prison Legal News
April, 2009, page 34
Colorado: When Suing Private Prison under Common Law Tort, Exhaustion of Administrative Remedies Not Required
The Colorado Court of Appeals held that prisoners in a private for-profit prison could sue the prison company, in a common law tort action, for nefarious acts of its employees during a 2004 riot …
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:
- Economic Crisis Prompts Prison Closures Nationwide, but Savings (and Reforms) are Elusive, by David Reutter
- Illinois Governor Bases Prison Closure Decision on Politics, by Derick Limberg
- Pennsylvania Prison Crowding, Parole Crisis Result in New Laws, Parole Suspension, by Matthew Clarke
- From the Editor, by Paul Wright
- Prisons Flush Drugs, Contaminate Water Supply, by Mark Wilson
- Prisoner Self Care: Hypertension, by Michael D. Cohen, MD
- Releasing The Disease: Is Overcrowded Cook County Jail Responsible For The Rise Of MRSA On The Outside?, by Kelly Virella
- Illinois Guards Protest Prison’s Failure to Treat Scabies Outbreak
- Court Monitor Criticized Care to Michigan Dialysis Treatment Afforded Prisoners, by David Reutter
- California Class-Action Suit Reinstates $1.5 Million Illegally Siphoned From County Jail Inmate Welfare Fund, by John Dannenberg
- California Juvenile Parolees Entitled to Two-Step Revocation Process; Case Settles, by John Dannenberg
- Texas Prison Authority OK’s Illegal Use of Prison Labor, but PIE Contract Not Renewed, by Gary Hunter
- California Female Parole Supervisor Awarded $859,000 for Gender Discrimination by Female Superior
- Let Freedom Ring: A Collection of Documents from the Movements to Free U.S. Political Prisoners, by Matt Meyer, by Ian Head
- Minnesota Sex Offenders’ Requisite Disclosure in Treatment Can Violate Fifth Amendment
- BJS Report Finds 53% of Prisoners Are Parents, by Mark Wilson
- BJS Report Reveals Parole Supervision Characteristics, by Mark Wilson
- CA Supreme Court Capitulates, Rewrites "Unworkable" 2005 Dannenberg Lifer Judicial Parole Review Standards
- Federal Prisoner’s §2241 Petition Dismissed for Non-Exhaustion; Prisoner Sought Sentence Reduction for Revealing Weapons
- This Valentine’s Lingerie Is Brought to You By the Prison Industrial Complex, by Beth Schwartzapfel
- Numerous Prison Systems Sign Up for Free Christian TV Programming, by Matthew Clarke
- Massachusetts Suicide Prevention Procedures Found Lacking, by David Reutter
- Colorado: When Suing Private Prison under Common Law Tort, Exhaustion of Administrative Remedies Not Required
- Bureau of Justice Report on Sexual Violence in Juvenile Prisons, by Gary Hunter
- BOP Amends Policy On Shackling Of Pregnant Prisoners
- Thousands Sought Pardons or Commutations from Bush, but Few Were Fortunate, by Brandon Sample
- Indiana Law Requiring Former Prisoners to Consent to Search and Monitoring of Their Computers Held Unconstitutional, by Brandon Sample
- $7.5 Million Fine Recommended in Florida Jail Phone Overcharges, by David Reutter
- California: Restitution Fine Unlawful for Accessory to Murder
- Elected Judges More Punitive Just Before Elections, by Gary Hunter
- Pennsylvania Contractor Prohibited from Using State and Federal Funds for Religious Purposes, by Bob Williams
- $100,000 Settlement In Death of Diabetic California Prisoner
- Missouri Prisoner Wins $25,000 in Police Excessive Force Case; Attorney Fees Limited to $37,500 by PLRA
- Felony Disenfranchisement Reforms Restore Voting Rights to 760,000, by Mark Wilson
- Texas, New Jersey Prison Staff Prosecuted for Cell Phone Smuggling
- North Carolina Audit Finds Deficiencies in 
State-Funded Youth Programs, by Derick Limberg
- Oregon Prison Chief’s Pay Raise Revoked; He Must Survive on Only $14,500 a Month, by Brandon Sample
- Taliban Break 870 Prisoners Out of Afghan Prison
- Imprisoned Connecticut Politician Gets Special Privileges, by Matthew Clarke
- Conditions on Federal Death Row “Horrendous,” ACLU Finds, by Brandon Sample
- Cornell Defrauded of $13 Million in Prison Construction Scam
- Suit Filed Over Minnesota Jail’s Secret Recording of Privileged Phone Calls, by Matthew Clarke
- Arizona DOC Deporting Prisoners to Save Money, by Gary Hunter
- North Carolina DOC Pays $750,000 for Sex Between Guard and Female Prisoner
- News in Brief:
- $1.5 Million Settlement for CA Jail Prisoner’s Broken Leg
More from these topics:
- At Least Three Guards Charged for Assaulting Two Massachusetts Prisoners, Aug. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Assaults on Staff, Wrongful Use of Force.
- Death of Seattle Detainee—Jailed Despite Not Being “Grounded in Reality”—Costs King County $3.5 Million Settlement, Aug. 1, 2026. Restraints, Medical Neglect/Malpractice, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness), Monell Liability.
- Ombudsman Report Finds Use of Force Misapplied in Contraband Search, Aug. 1, 2026. Guard Misconduct, Failure to Treat, Body Cavity Searches, Guard Brutality/Beatings, Pepper Spray/Tear Gas.
- Detainees Overpower Guards to Take Control of a North Carolina Jail, Aug. 1, 2026. Prison Rebellion, Overcrowding, Staffing, Security Systems, Assaults on Staff.
- $1.2 Million for Elderly Detainee Shoved Out the Door of Sacramento Jail by Guard, Aug. 1, 2026. Guard Brutality/Beatings, Americans with Disabilities Act, Rehabilitation Act, Failure to Treat (Mental Illness), 42 U.S. Code § 1983, civil action for deprivation of rights.
- $6.35 Million Paid for Ohio Jail Detainee’s Spinal Cord Injury Caused by Guard, Aug. 1, 2026. Guard Misconduct, Malpractice, Guard Brutality/Beatings, Settlements, Wrongful Use of Force.
- San Diego Guard Sentenced for Shoving a Shackled Detainee, Aug. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, False Statements/Perjury, Wrongful Use of Force.
- Wave of Staff Arrests Exposes Persistent Misconduct at South Carolina Jail, Aug. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Guard Brutality/Beatings, Obstruction of Justice.
- Federal Conviction, Guilty Pleas for Jail Guards Responsible for Oklahoma Detainee’s Death, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Excessive Force, Civil Rights Actions or Offenses/Bivens Actions.
- Video Shows Guards Watched as Oklahoma Detainee Died in Cell, July 1, 2026. Corrections Corporation of America/CoreCivic, Contractor Misconduct, Guard Misconduct, Failure to Protect (General), Failure to Protect (Wrongful Death).

