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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 …
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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:
- Washington Governor Fires Independent Prison Watchdog, May 1, 2026. DOC/BOP misconduct, Government Misconduct, Pepper Spray/Tear Gas, Restraints, Administrative Detention/Segregation.
- Atlanta Jail Boasts Improvements Since Consent Decree, Reports from Monitor and ACLU Are More Critical, May 1, 2026. Staffing, Sanitation, Guard Brutality/Beatings, Consent Decrees, Bail/Pretrial Release.
- Six Maryland Guards Convicted in Prisoner’s Beating, Cover-up; § 1983 Suit Filed, May 1, 2026. Guard Brutality/Beatings, 42 U.S. Code § 1983, civil action for deprivation of rights, Obstruction of Justice, Wrongful Use of Force, Evidence - Destruction/Fabrication/Manipulation of.
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.
- Judge Denies New York Prison Chief’s Motion to be Dismissed from Case Related to Robert Brooks’ Murder, May 1, 2026. Work Strikes, Guard Brutality/Beatings, Failure to Train/Supervise, Police--Excessive Force, Deliberate Indifference.
- Houston Jail Renews $38 Million Contract to Outsource Detainees to Private Lockups, April 1, 2026. Corrections Corporation of America/CoreCivic, Failure to Treat, Overcrowding, Staffing, Medical Neglect/Malpractice.
- Officials in Kansas Allow CoreCivic to Reopen Leavenworth Prison, April 1, 2026. Corrections Corporation of America/CoreCivic, Advocacy, Injunctions, Immigration Detention, Authority and Jurisdiction.
- Montana Switches to Sending Prisoners to a Private Prison in Mississippi, April 1, 2026. Out of State Transfers, Corrections Corporation of America/CoreCivic, Overcrowding.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Colorado Governor Tells Lawmakers to Open New Prison, April 1, 2026. Corrections Corporation of America/CoreCivic, Cost of Prison Systems, Revocation Proceedings, Reduction of Prison Population.

