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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:
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026
- New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026
- DOJ Issues Memorandum Over BOP Employees Abusing Their Law Enforcement Credentials to Illegally Purchase Personal Firearms, Aug. 1, 2026
- Seventh Circuit Upholds Summary Judgment Against Former Illinois Prison Guards Challenging Termination for Violating Use of Force Policy, Aug. 1, 2026
- Federal Court Issues Preliminary Injunction Barring Enforcement of Executive Order to Transfer Trans Women Prisoners to Men’s Prisons, Aug. 1, 2026
- Idaho Supreme Court Holds Indigent Parents Have Constitutional Right to Counsel at Public Expense, July 1, 2026
- Free Phone Calls Saved Prisoners and Their Families More than $600 Million, Report Finds, July 1, 2026
- California Appeals Court Holds Defendant Cannot Be Penalized for Failing to Appear at Sentencing When He Was Being Held in Another County’s Jail on Preexisting Charges, July 1, 2026
- SCOTUS Reverses Mississippi Capital Conviction, July 1, 2026
More from these topics:
- “Nothing Short of Disgraceful”: New York Prisoner Wins Injunction Ordering Cancer Treatment Delayed Seven Years, Sept. 1, 2026. Cancer, Failure to Treat, Eighth Amendment, Injunctions, Deliberate Indifference.
- BOP Denies Providing Substandard Dialysis Treatment Despite Prisoners’ Deaths, Court Filings, Understaffing and Lack of Oversight, Sept. 1, 2026. Systemic Medical Neglect, Private Contractors, Failure to Treat, Staffing, Inadequate Health Care Facilities.
- $280,000 Paid for South Carolina Detainee’s Death in Charleston Jail, Sept. 1, 2026. Private Contractors, Failure to Treat, Contractor Liability, Medical Neglect/Malpractice, Monell Liability.
- $5.4 Million Jury Verdict Against Riverside County in Suit Over Jail Fentanyl Death, Sept. 1, 2026. Failure to Treat, Drug Overdose, Failure to Protect (Wrongful Death), Monell Liability, Deliberate Indifference.
- States Claim to Invest in “Humane” New Prisons— But Prisons Were Never Humane, Sept. 1, 2026. Retaliation for Organizing, Hunger Strikes, Protests, Failure to Treat, Immigration Detention.
- Utah Relocates Prisoners Amid Largescale Wildfire, Sept. 1, 2026. Transfers, Transportation.
- $3 Million Paid by San Diego County for Diabetic Detainee’s Jail Death; NaphCare Settles Separately for Undisclosed Amount, Sept. 1, 2026. Naphcare, Diabetes, Failure to Treat, Settlements, Medical Neglect/Malpractice.
- Ohio Finds Guards and Medical Staff Failed to Render Life-Saving CPR to Detainee, Sept. 1, 2026. Systemic Medical Neglect, Failure to Treat, Failure to Train/Supervise, Medical Neglect/Malpractice, Deliberate Indifference.
- Hawai‘i Pays $600,000 for Prisoner’s Withdrawal Death, Sept. 1, 2026. Medication, Drug/Alcohol Withdrawal, Failure to Treat, Settlements, Medical Neglect/Malpractice.
- $10.19 Million Paid for Retired California Prison Guard’s Death in Colorado Jail, Aug. 1, 2026. Failure to Treat, Stun Guns/Tasers, Failure to Train/Supervise, Medical Neglect/Malpractice, Deliberate Indifference.