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Bivens Case by Disabled Prisoner Against Federal Prison Officials Remanded; Settles for $15,000
Loaded on May 15, 2010
published in Prison Legal News
May, 2010, page 49
The U.S. Court of Appeals for the Fourth Circuit reversed a grant of summary judgment to federal prison officials in a Bivens case brought by a handicapped prisoner who was unable to take a shower or go to recreation for over two months because the defendants refused to provide him …
Filed under:
Disabled Prisoners,
Exercise,
Showers,
Civil Procedure,
Summary Judgment,
Americans with Disabilities Act,
Rehabilitation Act.
Location:
South Carolina.
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More from this issue:
- The History of Prison Legal News, by Paul Wright
- Twenty Years of PLN in Court
- From the Editor, by Paul Wright
- Private Manufacturers Use Cheap Arkansas Prison Labor, by Matthew Clarke
- Virginia Jail Prisoner Awarded $7,500 after Being Beaten By Guards
- Sex for Contraband Racket Unravels After Kansas Prisoner Has Abortion, by David Reutter
- Housing Mentally Ill Violent Offender in Nursing Home Leads to Rape, by Matthew Clarke
- Georgia Law Creates Homeless Sex Offender Colony, by David Reutter
- $5,000 Award in New York Prisoner’s Retaliation Suit
- Cornell Wins $19.5 Million Alaska Contract; CCA Protest Denied, by Matthew Clarke
- Early Release Scam Results in Arrests, by Brandon Sample
- $99,999 Settlement for Michigan Prisoner Damaged by Second-Hand Smoke
- CA Prisoner Erroneously Validated as Prison Gang Member; Clears His Name, Has Records Expunged, $1.04 Million in Fees Awarded, by Michael Brodheim
- Study Finds Pharmacological Treatment of Opiate Dependence Under-Utilized in State and Federal Prisons, by Michael Brodheim
- Washington LFOs Issued Before July 1, 2000 Expire in 10 Years
- Ninth Circuit: Federal Receiver May be Sued for Breach of Contract, by Michael Brodheim
- Ohio Prisoner Awarded $40,000 for Sexual Assault
- Missouri DOC Targeted by State Auditors
- California: Failure to Maintain Relevant Data Renders CDCR Unable to Effectively Monitor and Manage its Operations, by Michael Brodheim
- Illinois Jail Agrees to Pay $290,000 & Annuity Payments to Settle Excessive Force Suit
- Iraq: Unrest at Abu Ghraib as Camp Bucca Closes, by Matthew Clarke
- Ion Spectrometry Scans Resume at BOP Facilities
- Methadone Vending Machines Installed in British Prisons
- Faith-Based Substance Abuse Program Contracts May Violate Florida’s Constitution, by David Reutter
- Missouri Jail Prisoner Awarded $5,000 in Failure to Protect Case
- Tennessee Jail Agrees to Pay $5,000 for Withholding Prisoner’s Leg
- State of Washington Settles Suit for $400,000 After Released Sex Offender Goes on Crime Spree, by Michael Brodheim
- Political Uproar Follows NC Court Ruling that Life Sentence is 80 Years, by David Reutter
- King County, WA Pays $125,000 for Assault on Juvenile Prisoner
- DOJ Releases Report on Staff Sexual Abuse of Federal Prisoners, by Justin Miller
- $900,000 Settlement in Washington State Suit Over Parolee Murdering Woman
- Fifth Circuit Orders Discovery in Katrina Prisoner Evacuation Case, by Matthew Clarke
- Colorado Guards Rarely Jailed for Sexual Abuse of Prisoners
- Mississippi Earned Time Policy Violates Ex Post Facto Clause
- Are Debtors’ Prisons Making a Comeback in Indiana?, by Justin Miller
- Closed Door Justice: Court Seeks Disbarment of Attorney in Secret, by Brandon Sample
- Washington Prisoner’s Rape Claim Results in $60,000 Settlement
- Cost of Capital Punishment Comes Under Increased Scrutiny in a Struggling Economy, by Justin Miller
- PLRA Attorney Fee Caps Constitutional, Third Circuit Decides
- $12,000 Award to Wheelchair-Bound NY Prisoner for Fall off Loading Ramp
- 17,698 DNA Profiles Missing from Wisconsin Database, by Matthew Clarke
- Kentucky Supreme Court: Retroactive Application of Sex Offender Residency Restrictions Unconstitutional
- Kern County Settles False Arrest Lawsuit for $5.5 Million, by Michael Brodheim
- CCA Agrees to Pay $1.3 Million to Settle Sexual Harassment, Retaliation Suit
- $932,900 Award to Hawaii Prisoner Rendered Infertile Due to Inept Medical Care
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- Opening Legal Mail Outside BOP Prisoner’s Presence States Constitutional Claim
- Alternative Prisoner Phone Service Company Files Unsuccessful Suit, by David Reutter
- Bivens Case by Disabled Prisoner Against Federal Prison Officials Remanded; Settles for $15,000
- News in Brief:
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- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, Aug. 1, 2025. Staff-Prisoner Assault, Jail Misconduct, Americans with Disabilities Act.
- Watchdog Calls Out D.C. for Dragging Feet on Construction of New Jail, Aug. 1, 2025. Totality of Conditions, Overcrowding, Ventilation, Exercise, Exposure to Cold, Jail Specific, Lighting, Noise, Vermin, Exposure to Heat, Security Systems.
- Washington Jail Settles DOJ Allegations of ADA Noncompliance in Failure to Treat Opioid Use Disorder, July 15, 2025. Drug/Alcohol Withdrawal, Americans with Disabilities Act, Drug Treatment/Rehab.
- First Circuit Revives Rhode Island Prisoner’s Excessive Force Claim Against Guard, July 15, 2025. Showers, Pepper Spray/Tear Gas, Restraints, Physical Injury/Restraint.
- Policing the Vulnerable: The Criminalization of Disability, May 15, 2025. Disabled Prisoners, Mental Health.
- Wisconsin DOC Agrees to Improve Services for Hearing-Impaired Prisoners, April 1, 2025. Deaf Prisoners, Disabled Prisoners, Service, Americans with Disabilities Act.
- $1.35 Million in Settlements for One-Legged San Francisco Detainee Forced to Hop—Twice, April 1, 2025. Disabled Prisoners, Settlements, Deliberate Indifference.
- Tennessee DOC Found in Violation of ADA With Failure to Accommodate Hearing Impaired Prisoners, Feb. 15, 2025. Deaf Prisoners, Americans with Disabilities Act, Class Actions, Policy Considerations.
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025. Videotaping, Guard Brutality/Beatings, Restraints, Summary Judgment, Physical Injury/Restraint.

