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Fifth Circuit Holds Prison Guard’s Injury-Causing Reckless Driving States Nonfrivolous Claim
Loaded on Sept. 19, 2014
by Matthew Clarke
published in Prison Legal News
September, 2014, page 45
Filed under:
Injury -- Misc.,
Failure to Treat,
Transportation,
Frivolous Litigation.
Location:
Texas.
Fifth Circuit Holds Prison Guard’s Injury-Causing Reckless Driving States Nonfrivolous Claim
by Matt Clarke
The Fifth Circuit Court of Appeals held last year that a district court erred when it dismissed a prisoner’s claim that he was severely injured when a guard driving a transport van slammed …
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More from this issue:
- Some States Refuse to Implement SORNA, Lose Federal Grants
- Volunteers Help Prisoners Vote at D.C. Jail
- Some GPS Monitoring Devices Capable of Audio Recording, by Christopher Zoukis
- Indiana Supreme Court Holds Agreed Court Order with Prosecutor is Binding on DOC, by Matthew Clarke
- Incarceration is Excusable Default in New York Housing Court Proceeding, by Mark Wilson
- Recidivism Performance Measures for Private Halfway Houses in Pennsylvania, by Alex Friedmann
- Modern-Day Slavery in America’s Prison Workforce, by Beth Schwartzapfel
- South Florida Landlord Bucks Trend, Offers Housing to Sex Offenders
- $2.85 Million Jury Verdict for Suicide at Missouri Jail, by Derek Gilna
- New York Judge Unseals Attica Prison Riot Records – Sort of, by Joe Watson
- Prison Labor Boosts Wal-Mart’s Profits Despite Pledge, by Derek Gilna
- Courts Struggle with Child Pornography Restitution Following Supreme Court Ruling
- Fifth Circuit: “Mailbox Rule” Applies to Texas State Habeas Petitions
- Texas: Clerk May Not Bill Defendant for Attorney Fees Not Ordered by Court, by Matthew Clarke
- Fifth Circuit Holds Prison Guard’s Injury-Causing Reckless Driving States Nonfrivolous Claim, by Matthew Clarke
- Fourth Circuit Finds PLRA Attorney Fee Cap Constitutional, by David Reutter
- Eighth Circuit Holds No SORNA Registration Requirement after Leaving U.S., by Matthew Clarke
- Alabama DOC Short Hair Policy Does Not Violate RLUIPA, by David Reutter
- First Circuit Dismisses Appeal of Court’s Failure to Sanction Federal Prosecutor, by Matthew Clarke
- Eighth Circuit Upholds Injunction Over Cameras in Restrooms at Civil Commitment Center, by Matthew Clarke
- Former New Mexico State Senator Released from Prison
- Transferred Prisoner May Sue Oklahoma Officials in Oregon Court, by Mark Wilson
- Eleventh Circuit Tailors Turner for Censorship Claims at Civil Commitment Center, by David Reutter
- Seventh Circuit Upholds Dismissal of Suit Over Placement on Suicide Watch, by Matthew Clarke
- Alabama Work Release Transportation, Medical and Drug Screen Costs Not “Incidental to Confinement”, by David Reutter
- Fifth Circuit: Prisoner Who was Raped May Proceed with Lawsuit against Lock Company, by Matthew Clarke
- Massachusetts: Acquittal on Additional Sex Offense Doesn’t Trigger Reevaluation of Sex Offender Classification, by Matthew Clarke
- BOP Criticized for Failing to Oversee Healthcare Administrator at FCC Butner, by Derek Gilna
- New Report Cites Fewer HIV-Positive State and Federal Prisoners, by Matthew Clarke
- Selection and Retention Process for Tennessee Appellate Court Judges Challenged, by Christopher McWhorter
- Sentence Reductions for “Snitching” Undermine U.S. Justice System, by Derek Gilna
- Settlement Opens Georgia Courtrooms to the Public, by David Reutter
- Do Residency Bans Drive Sex Offenders Underground?, by Steven Yoder
- CCA Has Long History of Wage Violations, Poor Treatment of Employees
- Private Debt Collection Companies Contract with District Attorney’s Offices, by David Reutter
- From the Editor, by Paul Wright
- Texas: Unconstitutional to Revoke Probation Due to Refusal to Self-Incriminate During Polygraph or Therapy, by Matthew Clarke
- News in Brief
More from Matthew Clarke:
- Texas Social Workers Challenge Blanket Denial of State Occupational License Based on Youthful Assault Convictions, Aug. 1, 2025
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Award of Time Served Credit for Non-Citizen Awaiting Extradition, Aug. 1, 2025
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences, Aug. 1, 2025
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025
- Kansas Supreme Court Revives Prisoner’s Challenge to Loss of Parental Rights, June 1, 2025
- Fifth Circuit Reinstates Baha’i Texas Prisoner’s Dietary Claim, June 1, 2025
- $5.6 Million Settlement for California Prisoner’s Wife Strip-searched During Visit, June 1, 2025
- Academic Study of Prison Guards’ Use of Excessive Force Details Sad State of Civil Rights for Abused Prisoners, June 1, 2025
More from these topics:
- HRDC Wins $480,000 in Legal Fees from Centurion for Denied New Mexico Records, Aug. 1, 2025. Centurion, Systemic Medical Neglect, Medical Records, Misdiagnosis, Failure to Treat, Malpractice, Medical Neglect/Malpractice, Public Records Act, HRDC Publications, HRDC Litigation.
- Suit Filed Over Fatal Beating of New York Prisoner That Sparked Massive Guard Strike, Aug. 1, 2025. Guard Misconduct, Failure to Treat, Guard Brutality/Beatings, Restraints, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death).
- $2.6 Million Paid for Detoxing Washington Jail Detainee Allowed to Leap to His Death, Additional NaphCare Payout Undisclosed, Aug. 1, 2025. Drug/Alcohol Withdrawal, Failure to Treat, Failure to Protect (Wrongful Death).
- $15 Million Settlement Reached in San Diego Jail Detainee’s Untreated Withdrawal Death, Aug. 1, 2025. Drug/Alcohol Withdrawal, Failure to Treat, Arrest and Booking.
- $325,000 Paid to Former Wisconsin Prisoner Whose Cancer Biopsy Was Delayed by Previously Disciplined Doctor, Aug. 1, 2025. Cancer, Failure to Treat, Malpractice.
- $1.875 Million Partial Settlement for Colorado Detainee’s Death from Untreated Alcohol Withdrawal; Claims Against Wellpath Pending Bankruptcy, Aug. 1, 2025. Systemic Medical Neglect, Drug/Alcohol Withdrawal, Failure to Treat, Medical Neglect/Malpractice.
- 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.
- Eleventh Circuit Announces New Deliberate Indifference Framework in Dismissing Georgia Prisoner’s Claim for Skipped Anti-Seizure Meds, July 15, 2025. Medication, Seizures, Failure to Treat.
- Nearly $2.6 Million Paid to Former Minnesota Jail Detainee for Injuries from Delayed Withdrawal Treatment, July 15, 2025. Medication, Systemic Medical Neglect, Drug/Alcohol Withdrawal, Failure to Treat, Deliberate Indifference.
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025. Geriatric Classification, Medical, Failure to Treat, Elderly Defendants.

