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Tenth Circuit Reverses Lawsuit on Hygiene Versus Court Access for Second Time
Loaded on June 15, 2011
by Bob Williams
published in Prison Legal News
June, 2011, page 38
For the second time, the Tenth Circuit has reversed the dismissal of a pro se prisoner’s lawsuit alleging he was denied basic hygiene items when his available money was spent on court-related expenses.
Filed under:
Hygiene Supplies,
Administrative Exhaustion (PLRA),
Immunity/Liability,
Qualified Immunity,
Sovereign Immunity.
Location:
Colorado.
Colorado state prisoner Michael Whitington filed a § 1983 complaint that accused the Colorado Department of Corrections …
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More from this issue:
- States Scramble to Find Lethal Injection Drugs, by David Reutter
- Three Fulton County, Georgia Jail Guards Sentenced in Prisoner Abuse Investigation
- Blind Virginia Prisoner Settles Suit to Accommodate Disability
- From the Editor, by Paul Wright
- Wexford Enters Into Confidential Settlement in New Mexico Prisoner’s Death, by David Reutter
- Fire at Overcrowded Chilean Prison Kills Over 80 Prisoners, by Matthew Clarke
- Savings from North Carolina Prisoner Slave Labor Result in Additional Prison Beds, by David Reutter
- Uncollected Court Debts Piling Up in Tennessee
- New York Jury Awards Wrongfully Convicted Man $18.5 Million, but Court Grants Motion to Set Aside Verdict
- Ninth Circuit Upholds Washington’s “Two Strikes Law” for Repeat Sex Offenders
- Washington Prisoner Discovers Good Time Error; County Officials Admit and Correct Mistake, by David Reutter
- PHS and NY Jail Employees Have Conflict of Interest with Legal Representation
- Louisiana Sheriff Cages Suicidal Prisoners in Space Smaller than Required for Dogs
- $149,500 Settlement for Hawaiian Prisoner Denied Medical Care After Transport Accident
- Washington: Pierce County Jail Suit Ends After 15 Years
- Federal Courts Reject Leniency Pleas from Politically-Connected Defendants, by David Reutter
- Hopes Dashed for Criminal Defendants Facing Deportation in Virginia, by Derek Gilna
- Releasees from Rural Michigan Jail Frighten Neighbors on Long Walk Home
- Family of California Immigration Prisoner Who Died Due to Untreated Cancer Gets $3.68 Million, by Brandon Sample
- Uproar Over Background Checks for BP Oil Spill Workers Following Rape Allegation Against Sex Offender, by David Reutter
- Dozens of Israeli Prison Guards Die in Fire
- Fifth Circuit Holds Mississippi Felons May Not Vote in Presidential Elections
- Six Florida Jail Staff Arrested in Contraband Smuggling Probe, by David Reutter
- The Incarceration Capital of the U.S., by Jordan Flaherty
- U.S. Admits Infecting Prisoners, Mentally Ill Patients in Guatemala in 1940s, by Derek Gilna
- Los Angeles County Approves $444,000 in Settlements for Sexual Assaults by County Employees
- Controversy Involving North Carolina State Bureau of Investigation Crime Lab, by Matthew Clarke
- Ninth Circuit Rejects Challenge to BOP’s Implementation of Second Chance Act
- Federal Cell Phone Ban Becomes Law; California Bill Vetoed, then Re-Introduced, by Brandon Sample
- Sanctions Against Prisoner for Alleged “Frivolous” Habeas Petition Improper, Tenth Circuit Decides
- Texas Prison System Must Accommodate Hearing-Impaired Visitors, by Matthew Clarke
- Ohio: Mixed Verdicts Against Guards Involved in Prisoner’s Death, by Brandon Sample
- Wisconsin County Jail Administrator Charged with Stealing Jail Funds
- Tenth Circuit Reverses Lawsuit on Hygiene Versus Court Access for Second Time, by Bob Williams
- Remembering the High Point of Prisoner Rights, by David Hudson
- Department of Justice Reports on Sexual Victimization in U.S. Prisons and Jails, by Matthew Clarke
- Ex-BOP Pharmacist Sentenced for Stealing Drugs
- No Time Limit for Defendants to Raise a PLRA Defense, by David Reutter
- U.S. Deportations Set Record in 2010, by Derek Gilna
- Anarchists Claim Attack on NC Department of Correction
- ACLU Investigates Prisoners’ Deaths at Puerto Rican Prison, by Derek Gilna
- First Circuit Reverses Finding that Sexual Interest in Adolescents Not Disorder Warranting Civil Commitment, by Brandon Sample
- Eighth Circuit Affirms Denial of Qualified Immunity for Guards Accused of Deliberate Indifference; $5.2 Million Verdict, $450,000 Settlement on Remand, by Brandon Sample
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- News In Brief:
More from Bob Williams:
- Ninth Circuit Reverses Suit Over Fees Charged Prepaid Debit Cards Given To Released Prisoners, April 1, 2020
- Safety at Any Price - Massachusetts Corrections Fiscal Failure , Sept. 22, 2015
- Tenth Circuit: Heck Not Applicable To Diversions; Notice Required Before Statute Of Limitations Dismissal, July 3, 2015
- No Rehearing For Disciplinary Actions Vacated On Substantive Grounds, July 15, 2011
- Treatment Required For Prisoners Committing Sex Offenses In Prison, July 15, 2011
- Tenth Circuit Reverses Lawsuit on Hygiene Versus Court Access for Second Time, June 15, 2011
- Shrinking Budgets Force States to Cut Corrections Spending, March 15, 2010
- Maryland: Parole Supervision Fee Likely Does More Harm than Good, Feb. 15, 2010
- One of Every 11 Prisoners Now Serving Life Sentence, Feb. 15, 2010
- Pennsylvania Contractor Prohibited from Using State and Federal Funds for Religious Purposes, April 15, 2009
More from these topics:
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- Texas Officials Testify That Cost to Air Condition Prisons Tops $1.5 Billion, May 1, 2026. Eighth Amendment, Exposure to Heat, Administrative Exhaustion (PLRA), Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- $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.
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.
- 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.
- Eleventh Circuit: District Court Erred in Dismissing BOP Prisoner’s Medical Claim, Finds Prison Officials Made Administrative Remedies Unavailable, March 1, 2026. Systemic Medical Neglect, OB/GYN, Failure to Treat, Administrative Exhaustion (PLRA), Deliberate Indifference.
- Incarcerated Women Featured in True Crime Media Face Flood of Sexual Harassment, March 1, 2026. Sexual Harassment, Prison Labor, Hygiene Supplies, Mail, TV/Movies.
- 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.
- Louisiana Prisoner Sustains Claim Against Prison Doctor for Allowing Assignment to “Field Duty” Despite Known Ankle Injury, March 1, 2026. Inability to Work, Skeletal Injury, Summary Judgment, Qualified Immunity, Deliberate Indifference.