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Tenth Circuit: No Summary Judgment on Official Capacity Claims
Loaded on Nov. 7, 2016
by Mark Wilson
published in Prison Legal News
November, 2016, page 30
Filed under:
Medical Misconduct,
Jail Misconduct,
Medical Records,
Failure to Protect (General),
Failure to Treat (Mental Illness),
Suicides.
Location:
Oklahoma.
The Tenth Circuit Court of Appeals reversed a district court’s denial of summary judgment on individual capacity claims against an Oklahoma sheriff related to a prisoner’s suicide. The appellate court held it lacked jurisdiction to consider official capacity claims.
On July 27, 2009, Charles Jernegan was incarcerated on an outstanding ...
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More from this issue:
- When Prison is Not Enough: The Rise (and Perhaps the Fall) of the Supermax Prison
- Local Jails Increasingly Refuse to Comply with ICE Detainers, by Joe Watson
- Maryland DOC Suspends Volunteer, Drops Literature Program
- Oregon “Incorrigible Masturbator’s” Life Sentence Unconstitutionally Disproportionate, by Mark Wilson
- Ohio Federal Court Dismisses Suit Against Doctor Over Prisoner’s Suicide
- Maryland Prisoner’s Death Occurs Under Unusual Circumstances
- Rare Corporate Prosecution: West Virginia’s “King of Coal” Sentenced for Conspiracy in Mine Deaths
- Alabama Prisoner Exonerated after Serving 30 Years on Death Row
- Former Pennsylvania Prison Doctor Sentenced for Fraud; Accomplices Convicted
- Mold-infested Prisons Sicken Guards and Prisoners
- Nevada Attorney General Investigates Shooting of Two Handcuffed Prisoners, by Derek Gilna
- Company Offers Educational Tablets to Prisoners, with Mixed Results, by Matthew Clarke
- United Kingdom: Prison Book Ban Overturned, by Derek Gilna
- Full Senate Report on CIA Torture Remains Classified, Largely Unread, by Matthew Clarke
- Corrections Corporation of America, Rocked by Setbacks, Changes its Name, by Derek Gilna
- CDCR Drug-sniffing Dog Trainer Resigns Over Switch to “Passive” Dogs, by Joe Watson
- Colorado’s “Make My Day” Law No Longer Applies to Prisoners, by David Reutter
- Canadian Solitary Confinement Deaths Result in Rare Lawsuits, Eventual Reforms, by Mark Wilson
- Pennsylvania: Former Cop Indefinitely Jailed for Failure to Supply Passwords
- Justice Policy Institute Report Challenges Reformers to Focus on Violent Crimes, by Derek Gilna
- Arkansas Secretary of State Issues Faulty Felon Data, Thousands Purged from Electoral Rolls
- Federal Judge Sanctions Idaho DOC for Misleading Special Master in Balla Case, by Matthew Clarke
- Illinois Jail Detainee’s Inadequate Food and Contaminated Water Claims Survive Initial Dismissal
- Preliminary Injunction Granted in Class-action Suit Challenging Private Probation Services in Tennessee, by David Reutter
- Eleventh Circuit Reverses Finding that Seizure of Prisoner’s Legal Mail Stated Claim
- Wisconsin: Prison Hunger Strike Reaches Crisis Point
- Settlement Comprehensively Overhauls Solitary Confinement in New York Prisons, by Matthew Clarke
- Inquisitorial Telephonic Hearing to Screen Civil Rights Case Deemed Unlawful
- The Rape Victims Silenced by Their Prison Cells
- Arkansas Court of Appeals Upholds Civil Forfeiture Ruling
- Southern Health Partners to Face Liability in Kentucky Pre-trial Detainee’s MRSA Death
- Challenge to Ohio Private Prison Confinement Not Cognizable in Habeas Corpus, by Mark Wilson
- Fifth Circuit Holds Four Decades in Solitary Confinement Implicates Liberty Interest; Last Angola 3 Member Finally Released, by Matthew Clarke
- Book Review: Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy
- Federal Prisoner Tells President “No Thanks” to Offer of Clemency with RDAP Condition, by Derek Gilna
- Tenth Circuit: No Summary Judgment on Official Capacity Claims, by Mark Wilson
- Allocation of Fault Required in Verdict Regarding Alaska Detainee’s Suicide; Case Settles for $900,000
- Federal Court Upholds New York Prison System’s Denial of Motorized Wheelchairs; Second Circuit Reverses, by Matthew Clarke
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- From the Editor, by Paul Wright
- News in Brief
More from Mark Wilson:
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- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
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- 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:
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- $150,000 Settlement But No Charges After Schizophrenic Florida Detainee Killed by Jail Guards, Feb. 15, 2025. Guard Misconduct, Medical Neglect/Malpractice, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness).
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- Fifth Circuit Revives Texas Prisoner’s Sleep Deprivation Claim—Again, Feb. 15, 2025. Medical Misconduct, Systemic Medical Neglect, Lighting, Noise, Sleeping on Floor.
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- New York Governor Orders Firing of 13 Guards, Nurse in Prisoner’s Fatal Beating, Feb. 15, 2025. Guard Misconduct, Medical Misconduct, Excessive Force (Wrongful Death), Deliberate Indifference.
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