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Fifth Circuit Orders Discovery in Katrina Prisoner Evacuation Case
Loaded on May 15, 2010
by Matthew Clarke
published in Prison Legal News
May, 2010, page 38
by Matt Clarke
Filed under:
Conditions of Confinement,
Failure to Protect (General),
Discovery,
Qualified Immunity,
Informants (Failure to Protect).
Location:
Louisiana.
On July 1, 2009, the Fifth Circuit Court of Appeals vacated a lower court’s denial of summary judgment in a case involving the evacuation of prisoners from the Orleans Parish Prison (OPP) in New Orleans in the wake of Hurricane Katrina. The case was remanded with instructions …
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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
- Flushing Junk Down Jail Toilets Damages Sewer System, Prompts $2.3 Million Settlement in California Lawsuit
- Gloucester County, New Jersey Settles Jail Strip Search Class Action for $4 Million, by Matthew Clarke
- $27,500 Settlement for Washington Prisoner’s Public Records and RLUIPA Claims
- 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:
More from Matthew Clarke:
- Federal Court Grants HRDC Preliminary Injunction Against Mail Censorship at New Mexico Jail, May 1, 2026
- Faced with Record-Breaking Jail Deaths, L.A. County Supervisors Tell Sheriff’s Department to Improve Access to Naloxone, Camera Monitoring, and Security Checks at California Jail, May 1, 2026
- Federal Court Places Medical Care in Arizona Prisons Under Receivership, May 1, 2026
- 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
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026
- In Texas, Harris County Commissioners Approve $1.2 Million for Fourth Study of Jail Since 2020 After Dozens of Abuse Allegations, April 1, 2026
- Texas Attorney General Clarifies Scope of Statute Requiring Outside Agency Investigation of Jail Deaths, April 1, 2026
- D.C. Judge Blocks Transfer of Biden-Commuted Federal Death Row Prisoners to “Supermax,” Citing Lack of Meaningful Due Process, April 1, 2026
- Eighth Circuit Revives Lawsuit Over Iowa Jail Detainee’s Suicide, April 1, 2026
- Groundbreaking Statistical Study of Pregnant Texas Jail Detainees Finds Over 400 Monthly, April 1, 2026
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.
- $1.25 Million Paid for Special Needs Teen’s Fatal Beating in Houston Jail, May 1, 2026. Prisoner-Prisoner Assault, Failure to Protect (General), Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Cruel and Unusual Punishment.
- 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.
- 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.
- “Large Fight” Broke Out at Alaska Prison After Downsizing Effort, April 1, 2026. Transfers, Cost of Prison Systems, Totality of Conditions, Failure to Protect (General), Overcrowding.
- $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.
- Five Prisoners in Georgia Injured in Fight, Two Months After Three Prisoners Were Killed, April 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Staffing.
- $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.
- Missouri Judge Heavily Sanctions DOC for “Deliberate Disregard for the Authority of This Court” in Suit Over Prisoner’s Suicide, March 1, 2026. Discovery, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides, Confinement in Segregated Housing.

