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Discretionary Immunity Dismissal of Ohio Prisoner’s Negligence Claims Reversed
Loaded on Feb. 15, 2014
published in Prison Legal News
February, 2014, page 50
On March 12, 2013, the Ohio Court of Appeals overturned an earlier discretionary immunity decision and reversed a lower court’s dismissal of a prisoner’s negligence claims on the basis of discretionary immunity.Ohio Department of Rehabilitation and Correction (ODRC) prisoner Ron Foster suffers from various health problems, including a heart …
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More from this issue:
- Violence, Security Lapses and Media Attention Lead to Reforms at Georgia Prison, by David Reutter
- From the Editor, by Paul Wright
- Prison Phone Justice Campaign: Recent Developments
- Bankruptcy Injunction Covers Pre-petition Incarceration Costs, but Not Those that Accrue Afterwards
- What Are the Odds of Complete Reversal After Conviction in the Second Circuit?, by Peter Schmidt
- The Effects of Private Prison Confinement in Minnesota on Offender Recidivism
- Confronting Prison Slave Labor Camps and Other Myths, by James Kilgore
- Ninth Circuit: 9-Year Detention Pending Civil Commitment Proceeding Warrants Habeas Relief
- Possession of Rape Video Warrants Restitution; Victim Awarded Over $1 Million Thus Far; Supreme Court Grants Cert.
- California: Felons with Prior Juvenile Strikes Excluded from County Jail Placement Under Realignment Act
- PA Prison Lieutenant Fired After Assisting in Criminal Investigation
- PLN Settles Censorship Suit Against Texas County Jail for $175,000
- New Trial Granted in Jail Strip Search Case Following Jury Verdict; $385,000 Settlement, by Matthew Clarke
- California: State Prisoner Cannot Serve Concurrent Sentence in County Jail
- Iowa: Bad Faith or Misconduct can Overcome Mental-Process Privilege in Disciplinary Case
- Prisoner Assaulted in Tennessee Jail Settles Suit for $530,000, by Derek Gilna
- Arrested: What to do When Your Loved One’s in Jail, by Wes Denham, by John Dannenberg
- California: Sexually Violent Predator Entitled to Jury Trial on Petition Seeking Conditional Release
- Medical Parole for Texas Prisoners on the Decline, by Matthew Clarke
- Qualified Immunity Denied to Prison Psychiatrist who Prescribed Lethal Drug Combination; $450,000 Settlement
- Court Employee Fired for Helping Wrongfully Convicted Prisoner Prove His Innocence, by Christopher Zoukis
- NY Prisoner’s Youthful Age Considered in Modifying Prison Disciplinary Sanction
- Eighth Circuit: No Qualified Immunity for Excessive Use of Force, Retaliation
- Islamic Organization Petitions to Let Muslim Women Prisoners Wear Hijabs, by Christopher Zoukis
- West Virginia Sex Offender Does Not Have Right to Attend Specified Church
- Ninth Circuit Reverses Dismissal of Wiccan Prisoners’ Establishment Clause Claim
- Rules Governing Lethal Injections Not Required under Georgia Law
- Deliberate Indifference Medical Claim Accrues Upon Discovery of Injury and its Cause
- Private Corrections Institute Issues First Annual Awards for Activism, Advocacy and Reporting on Private Prisons
- Criminal Background Checks Criticized for Incorrect Data, Racial Discrimination, by Derek Gilna
- Former Kansas Prisoner’s Sexual Misconduct Suit Overcomes Qualified Immunity
- Ninth Circuit Upholds Six-Day Contraband Watch Conditions
- Reflections on the No More Jails Campaign in Champaign County, Illinois, by James Kilgore
- Ninth Circuit Questions Constitutionality of Requiring Jail Prisoners to Wear Pink Underwear, by Matthew Clarke
- Pennsylvania Jail Official Indicted for Groping Co-workers, by Christopher Zoukis
- Solitary Confinement’s Invisible Scars, by Five Oman Mualimm-ak
- Lawsuit, Whistleblower Allege Rape by Guards at New Mexico Prison
- Ninth Circuit: Immigration Detainees Must be Afforded Opportunity to Challenge Continued Detention after Six Months
- Discretionary Immunity Dismissal of Ohio Prisoner’s Negligence Claims Reversed
- Restitution Not Owed for Arrest Costs, West Virginia Court Holds, by Derek Gilna
- Washington: No Public Funds for Deferred Prosecution Treatment Programs
- Short-term Deprivation of Toilet Paper Does Not Violate Detainee’s Rights
- Justice Department Reports: Correctional Populations Declining at Slower Pace, by Derek Gilna
- Jails Market Electronic Cigarettes to Prisoners, by Christopher Zoukis
- Crime Declines while Anti-crime Funding Increases, by Christopher Zoukis
- News in Brief
More from these topics:
- Minnesota Study Shows Disproportionate Rate of Health and Mental Problems for Recently Incarcerated, March 1, 2026. Racial Discrimination, Medical, Statistics/Trends, Mental Health, Health care.
- The Legal Fight for Homeowner Compensation After SWAT Raids, Dec. 15, 2025. Sovereign Immunity, Fifth Amendment, Constitution, state, Destruction of Property.
- Federal Government, CoreCivic Slow-Walk Class-Action Challenges to Forced Labor of ICE Detainees, Nov. 1, 2025. Corrections Corporation of America/CoreCivic, Prison Labor, Class Certification, Class Notice, Sovereign Immunity, Immigration Detention.
- $100,000 Settlement Reached Between Imprisoned BOP Guard and Prisoners He Raped, Nov. 1, 2025. Staff-Prisoner Assault, Retaliatory Segregation, Federal Tort Claims Act, Sovereign Immunity, Adequacy of Remedy.
- Former Prisoners’ Challenge to Virginia Constitution’s Felony Disenfranchisement Clause Allowed to Proceed, Nov. 1, 2025. Injunctions, Federal Statutory Law, Voting Rights Act, Sovereign Immunity, Constitutional Challenges/Law, Felon Disenfranchisement Statute, Prison Regulations.
- California Approves Higher Wage for Prisoner Firefighters (But Still Underpays), Nov. 1, 2025. Work Release, Prison Labor, Injury -- Misc., Rehabilitation/Recidivism, Good Time.
- Sixth Circuit Clarifies What Constitutes PLRA “Strike” and Reinstates Michigan Prisoner’s Lawsuit, Nov. 1, 2025. Filing Fees (PLRA), Frivolous Litigation, Sovereign Immunity, Access To Courts.
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025. Geriatric Classification, Medical, Failure to Treat, Elderly Defendants.
- Tenth Circuit Upholds Nearly $8.8 Million Judgment for Utah Jail Death, June 1, 2025. Injury -- Misc., Drug/Alcohol Withdrawal, Medical Neglect/Malpractice.
- Wellpath and VitalCore Skip Paying Nearly $2 Million in Settlements in South Carolina, June 1, 2025. Staff-Prisoner Assault, Systemic Medical Neglect, Injury -- Misc., Private Contractors.

