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No Qualified Immunity for Guards Who Failed to Help Vomiting Prisoner Who Died
Loaded on Sept. 15, 2009
published in Prison Legal News
September, 2009, page 48
The U.S. Court of Appeals for the Eighth Circuit has affirmed a denial of qualified immunity for three Greene County, Arkansas jail guards accused of violating a prisoner’s Eighth Amendment rights.
Filed under:
Cardiovascular,
Qualified Immunity,
Wrongful Death,
Medical Neglect/Malpractice.
Location:
Arkansas.
On January 4, 2002, Phil E. Blount, a moderately obese man who suffered from mental illness and a variety …
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More from this issue:
- Anatomy of the Modern Prisoners’ Rights Suit: A Practitioner’s Guide to Successful Jury Trials on Behalf of Prisoner-Plaintiffs*, by Alphonse A. Gerhardstein
- From the Editor, by Paul Wright
- Innocent Georgia Man Receives $500,000 as Compensation for Rape Conviction
- Former Prisoner Convicted of Impersonating Criminal Defense Attorney
- Why False Imprisonment Recoveries Should Not Be Taxable, by Robert Wood
- Texas’ Parole Condition X Violates Due Process, by Gary Hunter
- $2.16 Million Settlement in Dauphin Pennsylvania Jail Strip Search Lawsuit
- Using Chemical Agents on Mentally Ill Prisoners Unconstitutional, by David Reutter
- Audit Finds California Prison Receiver Broke State Law by Making No-Bid Contracts with Verizon, by Michael Brodheim
- Fifth Circuit Upholds $14 Million Award Against Louisiana DA’s Office in Wrongful Conviction Suit; Affirmed by En Banc Ruling, by Matthew Clarke
- Third Circuit Upholds Pennsylvania DOC Policy Requiring Control Number for Legal Mail, by David Reutter
- Third Circuit Upholds Ban on UCC Materials; Sixth Circuit Disagrees, by Brandon Sample
- Working in Legal Field Not Prohibited While on Federal Supervised Release
- Prisoners Not Evacuated, Parolees Rounded Up as Hurricanes Hit, by Gary Hunter
- Contraband Smuggling by Texas Prison Guards Rarely Punished Harshly, by Matthew Clarke
- Oklahoma Prisoner Beaten to Death After Celled with Co-Defendant He Testified Against
- California Lifers’ New Litigation Tool: DA’s “Opinion” and Governor’s “Belief” Do Not Constitute “Evidence” in Parole Denial Cases, by Marvin Mentor
- Notice Required for Rejected Packages BOP Warden Denied Qualified Immunity, by Brandon Sample
- Organ Harvesting In China Prison Goes High Tech, by Gary Hunter
- Former Oklahoma Sheriff Convicted of Sex Crimes Now Where to Put Him?
- Federal Three-Judge Panel Orders California To Reduce Prison Population By 44,000 Prisoners Within Two Years, by Marvin Mentor
- New York’s Correction Law § 24 Held Unconstitutional by US Supreme Court, by Brandon Sample
- $25,000 Award to Utah Muslim Prisoner Attacked by Death Row Prisoner Following 9/11
- FBI And States Expand Collection Of DNA To The Innocent, by Brandon Sample
- Sheriff and Guards Indicted: Sex, Misconduct and Contraband Scandal at Texas Jail, by Matthew Clarke
- Washington States Passes New Law for Automatic Restoration of Voting Rights, by Eric Nygren
- Philadelphia Tax Break for Hiring Ex-Prisoners a Bust
- U.S. Supreme Court Recedes from Saucier’s Mandatory Provisions for Determining Qualified Immunity Claims, by David Reutter
- California: Parole Board’s Policy Barring Friendly Oral Witness Testimony At Lifer Hearings Ruled An “Underground Regulation”, by Marvin Mentor
- $3.75 Million Settlement for Orange County, California, Jail Detainee Severely Beaten by Prisoners
- Violence on the Rise in Arizona Prisons, by David Reutter
- Maryland Prisoners Receive Kosher Food, by Brandon Sample
- From the Bottom of the Heap: The Autobiography of Black Panther Robert Hillary King, Oakland, CA: PM Press (2009) $24.95 hardback, 217 pages, by Mel Motel
- Sixth Circuit Overturns $625,000 Verdict for Ohio Prisoner Sexually Abused by Guard, by Brandon Sample
- Oklahoma Prisoner Awarded $65,000 for Inadequate MSRA Care, by Brandon Sample
- $1 Million Settlement in Santa Clara, California Jail Suicide
- No Qualified Immunity for Guards Who Failed to Help Vomiting Prisoner Who Died
- Indigent Texas Prisoners May No Longer be Required to Repay Cost of Court-Appointed Counsel
- California Prison Still Subpar, Grand Jury Finds
- News in Brief:
- $1,000 Jury Award to Beaten Missouri Prisoner
More from these topics:
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- $4.5 Million Paid by Cook County for Detainee Suicide in Chicago Jail, Aug. 1, 2026. Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Suicides, Administrative Detention/Segregation, Deliberate Indifference.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- Three Detainees Die in Four Days at the Tarrant County Jail, Aug. 1, 2026. Jail Misconduct, Statistics/Trends, Wrongful Death, Compassionate Release.
- 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.
- $10.19 Million Paid for Retired California Prison Guard’s Death in Colorado Jail, Aug. 1, 2026. Failure to Treat, Stun Guns/Tasers, Failure to Train/Supervise, Medical Neglect/Malpractice, Deliberate Indifference.
- $3.25 Million Paid by Georgia After Prisoner Bakes to Death in Outdoor Recreation Cage, Aug. 1, 2026. Failure to Treat, Exposure to Heat, Settlements, Medical Neglect/Malpractice, Deliberate Indifference.
- $100,000 Paid to New York Detainee Whose Infant Died in Syracuse Jail, Aug. 1, 2026. Naphcare, OB/GYN, Failure to Treat, Medical Neglect/Malpractice, Deliberate Indifference.
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, Deliberate Indifference.

