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Third Circuit Allows Prisoner's Substitution of Deceased Guard’s Estate
Loaded on Dec. 15, 2013
published in Prison Legal News
December, 2013, page 35
Filed under:
Guard Misconduct,
Failure to Treat,
Guard Brutality/Beatings,
Civil Procedure,
Parties,
Service,
Qualified Immunity.
Location:
Delaware.
The Third Circuit Court of Appeals held on October 16, 2012 that a district court had improperly denied a prisoner’s motion to substitute a deceased guard’s estate as a defendant.
Delaware prisoner Wardell Leroy Giles filed suit in federal court against prison sergeant Gary Campbell and other defendants, alleging …
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More from this issue:
- FCC Order Heralds Hope for Reform of Prison Phone Industry, by John Dannenberg
- Consolidated Footnotes – Charts A to D
- Prison Phone Companies Fight for Lucrative Florida DOC Contract, by David Ganim
- From the Editor, by Paul Wright
- Habeas Hints: Staring Down the Two-Headed Monster: Richter-Pinholster, by Kent A. Russell
- BOP Compromises on Plan to Transfer Prisoners from FCI Danbury, by Derek Gilna
- Telemedicine Behind Bars
- Third Circuit Allows Prisoner's Substitution of Deceased Guard’s Estate
- Under Fire, the Federal Bureau of Prisons Audits its Use of Solitary Confinement - and Buys a New Supermax Prison, by James Ridgeway
- The Invisible Crisis of Correctional Health Care, by Cara Tabachnick
- BOP Settles Lawsuits Related to Food Poisoning at Pennsylvania Prison, by Derek Gilna
- Ninth Circuit Affirms Finding that Claim Accrues Each Time a Request for Conjugal Visits is Denied
- California Supreme Court Addresses CDCR Gang Associate Validation
- Kansas Supreme Court Holds Inpatient Drug Treatment Time Counts as Jail Time in Consecutive Non-Drug Case
- Ninth Circuit Reinstates Disabled Prisoner's Deliberate Indifference Claim
- Eighth Circuit Initially Allows Non-Delegation Challenge to SORNA, then Reverses Course, by Derek Gilna
- No Summary Judgment on Claim that Guard Stole Prisoner’s Wedding Ring
- Wyoming Sheriff Granted Qualified Immunity for Jail Guard’s Sexual Assault
- Ninth Circuit: Residential Reentry Center Walkaway is Not Escape
- Minnesota: Favorable Resolution of Charges Establishes Rebuttable Presumption of Expungement
- Kansas Supreme Court Vacates Attorney Fee Reimbursement Order
- Possession of Cell Phone Doesn’t Violate Nevada Escape Device Statute
- Iowa Voting Rights Restoration Process Becomes Slightly Less Onerous
- Massachusetts Warden Removed After Eight Months on the Job
- Elder Abuse in Prisons: The Call for Elder Justice and Human Rights Protections Behind Bars, by Tina Maschi
- New York City’s Revised Indigent Defense Services Plan Upheld
- British Court Blocks Sex Offender’s Extradition to U.S. Due to “Draconian” Civil Commitment Policies
- News in Brief
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- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.
- $25,000 Paid to Former New York Jail Detainee Subjected to Delayed Healthcare and Denied Mental Healthcare— Despite Seven Suicide Attempts, July 1, 2026. Failure to Treat, Conditions of Confinement, Mental Health, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- BOP Supervisor in Colorado Indicted for Smuggling Over 400 Vapes, July 1, 2026. Guard Misconduct, DOC/BOP misconduct, Bureau of Prisons (BOP), Bribery/Extortion/Theft.
- Tenth Circuit Upholds $33 Million Jury Award in Suit Over Detainee’s Horrific Death in Oklahoma County Jail, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Failure to Train/Supervise, Medical Neglect/Malpractice, Deliberate Indifference.
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- New Jersey Lawmakers Pass “Female Incarcerated Person’s Rights Protection Act”, July 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Prison Rape Elimination Act, Staff Training, Mothers in Prison.
- Rikers Island Captain Nicknamed “Terror of the Tombs” Indicted for Extortion, Wage Theft, July 1, 2026. Guard Misconduct, Threats by Staff, DOC/BOP misconduct, Bribery/Extortion/Theft, Fraud and Deceit.
- Multiple Detainees Escape from Dilapidated North Carolina Jail, July 1, 2026. Guard Misconduct, Failure to Protect (General), Overcrowding, Staffing, Jail Specific, Security Systems, Criminal Justice, Prison Conditions.
- Three Women Died at a Michigan Prison in Less than a Month, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.

