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Ninth Circuit: No Qualified Immunity for Refusing to Feed Prisoner
The Ninth Circuit Court of Appeals has held that a prison guard was not entitled to qualified immunity for depriving a prisoner of 16 meals over a 23-day period.
In 2001, Ronald P. Foster was confined at California’s High Desert State Prison in Susanville. A rash of assaults on staff …
In 2001, Ronald P. Foster was confined at California’s High Desert State Prison in Susanville. A rash of assaults on staff …
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More from this issue:
- Everything Revolves Around Overcrowding: The State of California’s Prisons, by Donald Specter
- From the Editor, by Paul Wright
- Wheelchair-bound Texas Escapee Produces Pistol, Commandeers Transport Van, by Matthew Clarke
- U.S. Supreme Court: Counsel Must Advise Immigrant Defendants of Deportation Risks
- Controversy Over Texas Attorneys Charging Questionable Fees in Wrongful Conviction Cases, by Matthew Clarke
- $4.3 Million Award in Preventable Death of Cook County Pretrial Detainee, by David Reutter
- Incomplete DNA Databases Result in Tragic Consequences, by Justin Miller
- Texas Youth Commission Pays $625,000 to Settle Abuse Suit, by Gary Hunter
- Exorbitant Prisoner Phone Rates Pass New York Constitutional Scrutiny, by David Reutter
- Obama’s 2011 Budget Calls for More Prisons, More Guards, by Brandon Sample
- Aryan Warriors Prison Gang Prosecuted in Nevada, by Gary Hunter
- $500,000 Settlement in Maryland Prisoner’s Death from Pepper Spraying, by David Reutter
- Prisoner’s Homicide at Maryland Jail Not Prosecuted, by Gary Hunter
- DOJ Investigation into New York Jail Finds Unconstitutional Conditions, by Justin Miller
- California Official Resigns from State Post, Hired by Federal Receiver
- U.S. State Prison Population Declines for First Time in a Decade, by Justin Miller
- Washington DOC Pays $3,275,000 to Family of Deputy Killed by Former Prisoner
- New Jersey’s Riverfront Prison Demolished, by Justin Miller
- “Back to School” is a Guide to Success Following Release from Prison, by Gary Hunter
- ICE Policies and U.S. Deportation Laws Violate Human Rights, by Gary Hunter
- U.S. Department of Justice Releases 2008 Capital Punishment Statistics, by Matthew Clarke
- Problems Persist at Privately-Operated Rhode Island Jail, by Justin Miller
- North Carolina Innocence Commission Verifies Wrongful Conviction, by Matthew Clarke
- Maricopa County Throws Sheriff Arpaio Under Improperly Purchased Bus
- Wisconsin: Taycheedah Lawsuit Set for Trial, by Michael Brodheim
- California Prison Health Care System Plagued by Understaffing, Overtime, by Michael Brodheim
- $140,000 Settlement in Washington Jail Detainee’s Suicide
- California: Audit Finds CDCR Overpaid Employees Who Supervise Prisoner-Workers, by Michael Brodheim
- Prosecutorial Misconduct Case Pending Before Supreme Court Settles for $12 Million, by Brandon Sample
- New Picture on Violence in Federal Prisons, by Brandon Sample
- Maricopa County Detention Officer Held in Contempt for Taking Document from Defense Counsel’s File, by Matthew Clarke
- Released Prisoners More Likely to Die, by Brandon Sample
- Maryland Prison Guards Busted for Helping Gang Members, by Gary Hunter
- Louisiana Judge, Attorneys Plead Guilty to Bribery Charges, by Michael Brodheim
- New York City Jail Settles Excessive Force Suit for $62,001
- Physician Assisted in Botched Execution Attempt in Ohio, by Matthew Clarke
- Seventh Circuit: Catholic Prisoner’s Religious Diet Lawsuit Remanded, by David Reutter
- Whole Foods Farms out Fish Farming to Colorado Prisoners, by Justin Miller
- SORNA Challenges Produce Mixed Results; Supreme Court Weighs In, by Brandon Sample
- Washington Supreme Court Holds No Judicial Immunity for Non-Judicial Conduct
- Ninth Circuit: No Qualified Immunity for Refusing to Feed Prisoner, by Mark Wilson
- $145,000 Settlement by New York City After Holding Immigration Detainee Beyond 48 Hours, by David Reutter
- Washington DOC Settles MRSA Death Claim for $125,000, by Brandon Sample
- $3.5 Million Settlement to Former New York Prisoner Convicted Due to Perjured Testimony
- Kentucky Law Retroactively Applied to Award Street Credit
- Washington DOC Agrees to Pay $38,000 in Too-Much-Medicine Suit
- California Prisoner Wins Option of Kosher Meals Until Halal Meals Can be Provided
- News in Brief:
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026. Conditions of Confinement, Money/Property, Bail/Pretrial Release, Civil Rights Actions or Offenses/Bivens Actions, Plea Agreements/Guilty Pleas.
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- $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.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- $300,000 Class-Action Settlement at California Jail Includes Policy Changes; Agreements with Aramark and Wellpath Reached Confidentially, March 1, 2026. Food, Sanitation, Settlements, Class Certification, Monell Liability.
- Fourth Circuit Revives Deliberate Indifference Claim for Baltimore Detainee Served Rotten Food, March 1, 2026. Food, Denial of Religious Services, Immunity - Absolute and Qualified, Deliberate Indifference.
- Showers at St. Louis County Jail Riddled with Mold, Report Finds, March 1, 2026. Food, Overcrowding, Plumbing, Water, Sanitation.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.
- New York Governor Pulls Plug on Prison Watchdog Funding, March 1, 2026. Guard Misconduct, Prison Reform, Conditions of Confinement, Guards/Staff, State Legislation.

