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Fifth Circuit: Sleep Deprivation May Violate Eighth Amendment
Fifth Circuit: Sleep Deprivation May Violate Eighth Amendment
by Matt Clarke
In an unpublished ruling, the Fifth Circuit held on April 1, 2014 that a Texas prisoner’s sleep deprivation-based challenge to the security schedule used by the Texas Department of Criminal Justice (TDCJ) may state a valid …
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More from this issue:
- When Halfway Houses Pose Full-Time Problems, by Derek Gilna
- Prison Legal News Prevails in Tennessee Public Records Suit in Spite of Sheriff’s Antics
- “Ban the Box” Campaigns Seek to End Discrimination Against Formerly Incarcerated College Applicants, by Victoria Law
- Pennsylvania’s Megan’s Law Struck Down, Some Prisoners Released, by David Reutter
- Colorado Prisoner Sues Security Guard Who Sexually Abused Her Moments after Giving Birth
- News in Brief
- Florida Supreme Court: Review of Parole Commission Revocation Order Limited, by David Reutter
- Fifth Circuit Holds Prison Officials Need Not be Named in Grievances, by Matthew Clarke
- Georgia: Mandamus Available to Compel Law Library Access, by David Reutter
- Malpractice Suit Proceeds against Michigan Defense Attorney in Wrongful Conviction Case, by David Reutter
- The Globalization of Supermax Prisons, edited by Jeffrey Ian Ross (Rutgers University Press, 2013). 240 pages, $28.95 paperback, by Gary Hunter
- Jail Closes “God Pod,” Agrees to Accommodate Muslim Prisoners
- California Parole Term Not Shortened by Improper Parole Denial, by Mark Wilson
- Introduction of Nolo Plea to Challenge Prisoner’s Credibility was Error, by David Reutter
- Ohio DOC Director Wants Return to Stricter Law after 2012 Spike in Positive Drug Tests
- Florida Court of Appeals: Prison Guards Can Raise “Stand Your Ground” Defense, by Matthew Clarke
- Fifth Circuit: Sleep Deprivation May Violate Eighth Amendment, by Matthew Clarke
- West Virginia Public Defender Disbarred for Child Prostitution “Hoax”
- $145,000 Settlement for U.S. Citizen Held on Immigration Detainer due to Racial Profiling
- Prisoner’s Request for Medical Care after Signing Refusal Form Precludes Summary Judgment, by David Reutter
- Investigation Finds that Money Stolen from Oregon Prison Wasn’t Really Stolen, by Joe Watson
- America’s Prisons: A Road to Nowhere, by Ben Notterman
- RLUIPA Explained in Tenth Circuit Decision re Denial of Sweat Lodge Access, by David Reutter
- Consent Decree and Remedial Plan End Lawsuit Challenging Conditions in Illinois Juvenile Facilities, by Matthew Clarke
- Tennessee Man Sues for Placement in Women’s Facility for Three Years
- Tenth Circuit: No Qualified Immunity for Juvenile Restraint Chair Punishment, by Mark Wilson
- CCA Board Member Steps Down from Open Government Organization
- Virginia Prison’s Policy Requiring Physical Indicia of Faith for Religious Sincerity Held Unconstitutional; Suit Settles for $3,795, by David Reutter
- Florida Death Row Prisoner Entitled to Prison and Medical Records, by David Reutter
- State Appellate Costs Improper on Washington PRP Dismissal, by Mark Wilson
- Texas Prison Population Drops as Guard Shortage Persists, by Matthew Clarke
- Federal Court Orders Colorado to Provide Outdoor Recreation to Supermax Prisoner, by Matthew Clarke
- Admission of Jail Disciplinary Records at Criminal Trial May Violate Confrontation Clause, by David Reutter
- Oklahoma Supreme Court Remands Consolidated Sex Offender Registration Case, by Shepherd Litsey
- From the Editor, by Paul Wright
- Controversy, Criticism Plague Brooklyn Halfway House, by Derek Gilna
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:
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.
- Nevada Prisons Are Facing a Medical Crisis Due to Understaffing, Aug. 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Staffing, Medical Neglect/Malpractice.
- Oregon Reaches $49 Million Settlement with State Prisoners in COVID-19 Class-Action, Aug. 1, 2026. COVID-19, Eighth Amendment, Settlements, Class Certification, Qualified Immunity.
- Eighth Circuit Revives § 1983 Complaint Alleging Jail Detainees’ Death from Stroke was Due to Deliberate Indifference and Failure to Train, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Failure to Train/Supervise, Deliberate Indifference.
- Alabama Barred from Executing Prisoner by Nitrogen Hypoxia, July 1, 2026. Totality of Conditions, Eighth Amendment, Death Penalty, Cruel and Unusual Punishment, Wrongful Use of Force.
- North Texas Prison Evacuated After Carbon Monoxide Leak, July 1, 2026. Toxic Fumes/Chemicals, Eighth Amendment, Exposure to Cold, Water, Exposure to Heat.
- Texas Officials Testify That Cost to Air Condition Prisons Tops $1.5 Billion, May 1, 2026. Eighth Amendment, Exposure to Heat, Administrative Exhaustion (PLRA), Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- Three Prisoners Killed in Fight at Georgia Prison, Feb. 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Eighth Amendment, Staffing.
- California Funds $38 Million Pilot Program to Investigate Methods for Cooling Three Prisons, Jan. 1, 2026. DOC/BOP misconduct, Systemic Medical Neglect, Eighth Amendment, Exposure to Heat, Deliberate Indifference.
- As California Limits Water Use, People in Prison Face Punishment for Showering, Jan. 1, 2026. Overcrowding, Eighth Amendment, Environmental Law, Water, Sanitation.

