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Prison Records Officer Entitled to Qualified Immunity; No Evidence of Deliberate Indifference to Sentencing Errors
On April 22, 2010, the Third Circuit Court of Appeals held that a Pennsylvania prison records officer was entitled to qualified immunity for a prisoner allegedly being confined 10 months beyond his maximum term of imprisonment.
On August 11, 1992, Miguel Montanez was sentenced to 60 months in prison with …
On August 11, 1992, Miguel Montanez was sentenced to 60 months in prison with …
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More from this issue:
- Prison Legal News Interviews Former Prisoner and Famous Actor Danny Trejo, by Paul Wright
- Illinois Federal Court Denies Prisoner Release Order at Cook County Jail, by Derek Gilna
- From the Editor, by Paul Wright
- Treasury Department Finds Prisoners’ Fraudulent Tax Returns Taxing, by Derek Gilna
- Prosecutors Who Commit Misconduct Are Rarely Disciplined, by Matthew Clarke
- Habeas Hints: Expert Testimony in Habeas Cases, by Kent A. Russell
- Idaho: Prison Doctor’s Treatment Fell Below Standard of Care, by David Reutter
- California DOC Complies With Population Reduction Order in Plata v. Brown, by John Dannenberg
- Ninth Circuit Reverses Grant of Injunctive Relief in Ex Post Facto Challenge to Marsy’s Law, by Michael Brodheim
- Habeas Unavailable for Federal Prisoners’ Medical Claims
- State Secrets Doctrine Requires Dismissal of Suit Involving CIA Torture Flights
- Merger Creates Largest Private Prison Medical Provider in U.S., by David Reutter
- $4,000 Settlement for Arkansas Prisoner Pepper Sprayed by Guards
- Virginia DOC Settles Lawsuit to Improve Communication for Deaf Prisoners
- U.S. Supreme Court: No Monetary Damages Against States Under RLUIPA
- Placement in Maximum Security Facility May Trigger Due Process Protections; Religious Diet Claims Remanded
- $1.2 Million Awarded Against PHS After Florida Jail Prisoner Paralyzed
- Fifth Circuit Vacates Dismissal of Habeas Challenge to Texas Parole Changes
- Report Finds Prior Incarceration Hinders Upward Economic Mobility, by Matthew Clarke
- California Prisoners Still Forced to Drink Arsenic-Laced Water, by David Reutter
- Judge Rejects Challenge to BOP’s Special Administrative Measures, by Brandon Sample
- Supreme Court Allows § 1983 Challenge to Texas Post-Conviction DNA Testing Law
- Washington Supreme Court Upholds Decision Against State Attorney General for Failure to Comply with Public Records Act
- Provision in Florida Law Prohibits Compensation to Wrongfully Convicted, by David Reutter
- U.S. Supreme Court Overturns Wrongful Conviction Suit Against New Orleans DA, Vacates $14 Million Judgment, by Derek Gilna
- Oklahoma Gladiator Discipline Results in Prisoner’s Death
- Ohio Prison Industry Cranks Out Crappy Toilet Paper, by David Reutter
- U.S. Department of Justice Seeks $28.2 Billion Budget
- Prison Records Officer Entitled to Qualified Immunity; No Evidence of Deliberate Indifference to Sentencing Errors, by Mark Wilson
- Washington Prison Guards Sue Prisoners, by Brandon Sample
- $17.5 Million Verdict for Diabetic Prisoner in New York
- Louisiana Attorney Permanently Disbarred but Not Criminally Charged for Pimping Child to Jail Prisoners, by David Reutter
- Insider Trading Charges Against Private Prison Consultant Rejected, by David Reutter
- Voting Rights Must Be “Earned” Back, Says Iowa Governor, by Brandon Sample
- Hawaii State Auditor Blasts Private Prison Contracting; State Renews Contract Anyway
- New York Prisoners Man Call Centers
- Fifth Circuit Upholds $355,000 Award Against Dallas County in Jail MRSA Case
- Federal Court Dismisses PLN’s Texas Prison Censorship Suit; Appeal Pending
- State Ordered to Reimburse Prisoner Who Was Not Allowed to Complete College Classes
- Texas Prison Phones and Emails Generate Less Revenue Than Expected
- Washington State Regulatory Agency Finds AT&T Failed to Disclose Prison Collect Call Rates, by Brandon Sample
- American “Corrections”, by Mumia Abu-Jamal
- Oregon Jail Pneumonia Death Lawsuit Settles for $905,000, by Mark Wilson
- Los Angeles Jail Guards Beat Prisoner in Front of ACLU Monitor, by David Reutter
- Terminated South Carolina Wardens Awarded a Total of $882,000, by Mark Wilson
- Sixth Circuit Reinstates Michigan Prisoner’s Denial of Toothpaste Suit
- California: Court Monitoring of Conditions at Pelican Bay State Prison Terminated
- Illinois Prison Guards Scam Workers’ Comp, by Brandon Sample
- Seventh Circuit: Court May Not Revoke Supervised Release via Videoconference, by Matthew Clarke
- Big Win for Open Government in Vermont Legislature: Attorney Fees Now Mandated for Prevailing Plaintiffs in Public Records Lawsuits, by Allen Gilbert
- Ninth Circuit Upholds Arizona’s Felon Disenfranchisement Law, by David Reutter
- $450,000 Settlement in Alabama Jail Prisoner’s Death, by David Reutter
- 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:
- DOJ Finds Unconstitutional Conditions in Texas Juvenile Detention, Aug. 1, 2025. Staff-Prisoner Assault, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Sentencing, Control Units/SHU/Solitary Confinement, Failure to Protect (Juveniles), Juvenile Prisons.
- Sixth Circuit Upholds $45 Million Verdict for Wrongfully Convicted Former Ohio Prisoner, Aug. 1, 2025. Police Misconduct, Wrongful Conviction, Wrongful Imprisonment.
- Two Exonerated Illinois Prisoners Win Settlements Totaling $14.5 Million, Aug. 1, 2025. Police Misconduct, Wrongful Conviction, Wrongful Imprisonment.
- Fourth Circuit Revives Wrongful Conviction Claim of Exonerated Maryland Prisoner, State Pays Him $3.1 Million, Aug. 1, 2025. Police Misconduct, Wrongful Conviction, Wrongful Imprisonment.
- Qualified Immunity Denied for Iowa Prison Doctor’s MRI Delay for Non-Medical Reasons, Aug. 1, 2025. Systemic Medical Neglect, Failure to Treat, Qualified Immunity.
- Percentage Of Prisoners Serving Life Without Parole Is Up Despite Overall Decrease in Prison Population, July 15, 2025. Parole, Life without Parole (LWOP), Implementing the Total Sentence.
- $12 Million for Former California Prisoner Exonerated After 17 Years, July 15, 2025. Wrongful Conviction, Wrongful Imprisonment, Coercive Interrogations.
- First Circuit Affirms Denial of Qualified Immunity to Maine Guards who Ogled Prisoner During Childbirth, July 15, 2025. Staff-Prisoner Harassment, Qualified Immunity, Children of Prisoners.
- $250,000 Verdict for South Carolina Prisoner Pepper-Sprayed in Face Without Cause by Guard, July 15, 2025. Guard Brutality/Beatings, Pepper Spray/Tear Gas, Qualified Immunity.
- $7.75 Million Settlement for Exonerated North Carolina Prisoner, June 1, 2025. Wrongful Conviction, Wrongful Imprisonment.

