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Ninth Circuit Orders New Trial in “Pink Underwear” Lawsuit; Case Settles for $240,000
Loaded on Aug. 28, 2015
by Mark Wilson
published in Prison Legal News
September, 2015, page 30
Filed under:
Staff-Prisoner Assault,
Cardiovascular,
Strip Searches,
Clothing,
Wrongful Death,
Failure to Treat (Mental Illness).
Location:
Arizona.
On February 13, 2013, in an amended ruling, the Ninth Circuit Court of Appeals ordered a new trial for the estate of a deceased mentally ill prisoner, finding the district court had improperly excluded admissible testimony and a rebuttal closing argument.
Eric Vogel had been severely mentally ill …
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More from this issue:
- Life Without Parole, by Beth Schwartzapfel
- News in Brief
- Legislation Removes Secrecy from Georgia Parole Board’s Proceedings, Decisions, by David Reutter
- From the Editor, by Paul Wright
- Delaware: Drop in Prison Phone Rates Called a “Drop in the Bucket”, by Derek Gilna
- Is Texas Poisoning Prisoners with Contaminated Water?, by Panagioti Tsolkas
- Texas County Pays Prisoner’s Family $214,500 for Wrongful Death
- Mandamus Improper Remedy to Challenge Illinois DOC’s “Violating at the Door” Policy, by David Reutter
- Prisoners Pay Millions to Call Loved Ones Every Year. Now this Company Wants Even More, by Ben Walsh
- Jails in Trouble as IRS Investigates Tax-Exempt Bonds, by Matthew Clarke
- Nevada: Federal Suit over Shackling of Pregnant Prisoner Settles for $130,000 and Policy Changes, by Matthew Clarke
- BOP Ordered to Pay Prisoner’s Attorneys $41,703 for Discovery Abuses, by Derek Gilna
- British Banking Giant Fined for Laundering Mexican Drug Money Through U.S. Banks, by Matthew Clarke
- Two Reports Find at Least 54 Countries Complicit in Secret CIA Prisons, by Matthew Clarke
- Alabama: Settlement to Integrate HIV-Positive Prisoners Finalized, by David Reutter
- Former New York Prisoner Receives $3,375,000 Settlement for Wrongful Conviction, by Derek Gilna
- $290,000 Judgment for Failure to Treat Ruptured Appendix Affirmed, by David Reutter
- Mental Health Care in South Carolina Prisons Found Unconstitutional, by David Reutter
- Ninth Circuit Orders New Trial in “Pink Underwear” Lawsuit; Case Settles for $240,000, by Mark Wilson
- Social Impact Bonds in Criminal Justice: A Deal We Can’t Refuse?, by Jennifer R. Zelnick
- Oregon Workgroup Recommends Strategies to Deal with Prison Medical Care Costs, by Mark Wilson
- Federal Court Orders Cameras to Cover Blind Spots at North Carolina Prison, by David Reutter
- Rejecting Foreign Language Letters after Interpretation May Violate Prisoner’s Rights, by David Reutter
- $400,000 Settlement in New Jersey Juvenile Solitary Confinement Suit, by Derek Gilna
- Illinois Supreme Court Affirms Supervised Release Period Despite Sentencing Omission, by Derek Gilna
- Vermont Newspaper Defends Hiring Reporter with Sex Offense Conviction, by Matthew Clarke
- Former Illinois Drug Court Judge Gets Prison Time Following Fellow Judge’s Fatal Overdose, by Joe Watson
- How U.S. Prison Officials Rubberstamped a CIA Torture Chamber, by Carl Takei
- Seventh Circuit Upholds Wisconsin Sex Offender Registration Fee, Names John Doe Plaintiffs, by Derek Gilna
- Fourth Circuit Finds Strip Searches and Delousing of Arrestees Constitutional, by Lonnie Burton
- Prison Legal News Wins FOIA Appeal Against BOP, by Derek Gilna
- Washington Prisoner Granted Injunction Ordering Outside Orthopedic Evaluation, by Mark Wilson
- Seventh Circuit: New Trial for Wrong Legal Standard in Jail Death Case, by Mark Wilson
- Texas Prisoner Held in Prison 35 Years after Conviction Vacated, by Matthew Clarke
- Corporations You’ve Never Heard of are Making Millions from Mass Incarceration, by James Kilgore
- Illinois University Faculty Member and PLN Contributor Fights for His Job after Opposing New County Jail, by Joe Watson
- Vice President’s Son Discharged from Navy Due to Drug Use, by Christopher Zoukis
- Michigan: Perjured Testimony at Trial Results in Habeas Relief, but Reversed on Appeal, by David Reutter
- Court Denies Challenge to D.C. Sex Offender’s Website on Registry Officials
- Terrorism Suspect Moves to Suppress Statements Made to FBI due to Torture Threats, by Matthew Clarke
- Tennessee Jail Considers Charging for Toilet Paper, Underwear, by Christopher Zoukis
- Automatic Placement of Death Row Prisoner in Segregation Does Not Violate Due Process, by David Reutter
- ACLU Awarded $50 Million to Help End Mass Incarceration, by Christopher Zoukis
- Seventh Circuit Reverses Verdict when Prisoner Not Allowed to Poll Jury, by Derek Gilna
- Liability against Taser for Negligence Upheld but $5.5 Million Damages Award Reversed, by David Reutter
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Spike in Massachusetts Prisoner Suicides Blamed on Isolation, K-2 and Spotty Mental Healthcare, May 1, 2026. DOJ CRIPA Actions, Failure to Treat (Mental Illness), Suicides, Confinement in Segregated Housing, Administrative Detention/Segregation.
- $9.8 Million in Settlements Reached with South Carolina County and Wellpath in Gruesome Jail Death, May 1, 2026. Failure to Treat, Sanitation, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- Idaho DOC Director Denies Verified Report of Rampant Sexual Abuse of Women Prisoners by Staff, May 1, 2026. Staff-Prisoner Assault, Guard Misconduct, DOC/BOP misconduct, Retaliatory Segregation, Prison Rape Elimination Act.
- $2.135 Million Partial Settlement Reached in Schizophrenic Detainee’s Death from “Gross Medical Neglect” at South Carolina Jail, May 1, 2026. Prison Health Services, Failure to Treat, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- Faced with Record-Breaking Jail Deaths, L.A. County Supervisors Tell Sheriff’s Department to Improve Access to Naloxone, Camera Monitoring, and Security Checks at California Jail, May 1, 2026. Drug Overdose, Overcrowding, Sanitation, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- Taser Use Doubled After Grand Jury Report on Pennsylvania Prisoner’s Death, May 1, 2026. Failure to Treat, Stun Guns/Tasers, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness), Staff Training.
- Federal Court Places Medical Care in Arizona Prisons Under Receivership, May 1, 2026. Naphcare, Systemic Medical Neglect, Injunctions, Failure to Treat (Mental Illness), Inadequate Health Care Facilities.
- $1.25 Million Paid for Special Needs Teen’s Fatal Beating in Houston Jail, May 1, 2026. Prisoner-Prisoner Assault, Failure to Protect (General), Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Cruel and Unusual Punishment.
- Monitor Says Massachusetts Prisons Will Not Meet Settlement Deadline for Mental Health Reforms, May 1, 2026. Private Prisons, DOC/BOP misconduct, Consent Decrees, Failure to Treat (Mental Illness), Suicides.
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.

