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Fourth Circuit: Failure to Transfer Mentally Ill Prisoner to Hospital Not Actionable
Loaded on Nov. 6, 2018
published in Prison Legal News
November, 2018, page 32
The Fourth Circuit Court of Appeals has reversed a district court’s denial of qualified immunity to a defendant in a civil rights action related to the August 19, 2015 death of Jamycheal Mitchell at Virginia’s Hampton Roads Regional Jail.
As repeatedly reported in PLN, Mitchell, 24, died due …
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More from this issue:
- Louisiana Sex Offender Restrictions, Harsh Laws Prolong Prison Sentences
- Defense Investigator Jailed for Initially Refusing to Testify in Death Penalty Case, by Matthew Clarke
- Pennsylvania: Allegheny County Jail Settles Sexual Assault Claim for $32,000
- Dog-Sniff Search Policy Allowed Under Massachusetts Law, but APA Procedures Required
- BOP’s Violation of Alcohol Policy Ends in Expungement, Reversal of Disciplinary Sanctions, by Dale Chappell
- Over-Incarceration a Worldwide Problem, Report Finds, by Derek Gilna
- Prisoner Can Face Discipline Yet Still Sue Guard for Excessive Force Under Heck
- Mississippi: Former Jailer Acquitted of Criminal Charges in Prisoner’s Death, by Kevin Bliss
- Oklahoma County Pays $150,000 to Settle Suit Over Jail Suicide, by Derek Gilna
- Class-Action Status Granted in Civil Rights Suit Over Disenfranchised Indiana Jail Prisoners, by Matthew Clarke
- New York’s Prison-to-Shelter Pipeline is Poor Option for Parolees, by Dale Chappell
- Deductions from Pennsylvania Prisoner’s Trust Account Require Notice
- Female Texas Prison Guards Allege Sexual Harassment, Abuse, Discrimination, by Edward Lyon
- Surprise Shutdown of Maine Prison Leads to Controversy, Court Order, by Christopher Zoukis
- Polls Show People Favor Rehabilitation over Incarceration, by Matthew Clarke
- New Mexico Prisoners Suffer and Die Under Privatized Health Care, by Edward Lyon
- Ohio Jail Detainee Receives $500,000 Settlement for Assault by Guard
- Maryland Adopts Prison Mailbox Rule for Post-Conviction Petitions
- $7,500 Settlement in Pennsylvania Prisoner’s Suicide
- San Diego County Targets Reporter Who Exposed Sky-High Jail Death Rate, by Dale Chappell
- Litigation Surrounding Radon Exposure at Connecticut Prison Moves Forward, by Panagioti Tsolkas
- #MeToo Movement, Misconduct Claims Impact Federal and State Judges, by Edward Lyon
- Magistrate Judge Must Have Jurisdiction Prior to Entering Final Judgment
- Maricopa County, Phoenix Settle Lawsuit Over Mentally Ill Prisoner’s Death for $7.25 Million, by Matthew Clarke
- Arkansas DOC Says Water is Safe, but Most Tests Not Conducted in Housing Units, by Panagioti Tsolkas
- Texas Prison Officials Demoted, Fired after Disciplinary Quota System and Planted Contraband Exposed
- States Implementing New Technology to Fight Contraband Smuggling Via Drone, by Monte McCoin
- $7 Million Settlement for Pennsylvania Prisoner’s Suicide at Private Prison
- More Legal Cases Involving Transgender Prisoners in Multiple States, by Christopher Zoukis
- Fourth Circuit: Failure to Transfer Mentally Ill Prisoner to Hospital Not Actionable
- Fighting the Fees that Force Prisoners to Pay for Their Incarceration, by Jean Trounstine
- Ninth Circuit: Prisoner’s Disciplinary Appeal Exhausted Claim of Having to Work on Religious Holiday, by Christopher Zoukis
- California Prisoners Seek to Enforce Settlement Provisions in Ashker Litigation, by Kevin Bliss
- The Secret World of Missouri DOC Internal Death Investigations, by Kevin Bliss
- Why Prison Reform is Not Enough to Fix the U.S. Criminal Justice System, by Ed Chung
- Aramark Gets Pennsylvania DOC Food Procurement Contract
- California Muslim Prisoner Defeats Summary Judgment Order in Mixed Appellate Ruling, by Edward Lyon
- CCS Seeks to Hide Internal Review in Jail Detainee’s Death; $180,000 Settlement, by David Reutter, R. Bailey
- Alaska Supreme Court Reverses Disciplinary Case Where Prisoner Not Allowed to Call Witnesses, by Matthew Clarke, David Reutter
- Contraband Found in Prisoner’s Rectum Supports Conviction, by David Reutter
- Federal District Court Holds Ohio Prison Cannot Cut Rastafarian Prisoner’s Hair, by Matthew Clarke
- HRDC Sues Oklahoma County Jail for Censoring Books, by Steve Horn
- Exonerated Prisoner Invests Portion of $20 Million Settlement to Start Barber School, by Derek Gilna
- Death Sentences and Executions Ebbing in the “Capital of Capital Punishment”, by Edward Lyon
- Denver Pays $100,000 to Settle DOJ Suit Over Failure to Accommodate Diabetic Deputy, by Matthew Clarke
- Washington: Jail Detainee Obtains $1 Million Settlement for Spinal Injury, by Steve Horn
- Public Outcry Forces Florida DOC to Back Down on Limits to In-Person Visitation, by David Reutter
- Podcast Produced by Wisconsin Prisoner Tackles Criminal Justice Topics, by Steve Horn
- Justice Sotomayor Slams Solitary Confinement, but Supreme Court Declines to Accept Colorado Solitary Case, by Derek Gilna
- Arkansas: $21,000 Settlement in Jail Release Debit Card Class-Action Suit, by Derek Gilna
- From the Editor, by Paul Wright
- News in Brief
- On the Inside: The Chaos of Arizona Prison Health Care, by Jimmy Jenkins
More from these topics:
- Eleventh Circuit Upholds Most of Relief Ordered in Class-Action Lawsuit Challenging Unconstitutionally Inadequate Mental Health Care in Alabama Prisons, Oct. 1, 2026. Eighth Amendment, Staffing, Injunctions (PLRA), Failure to Treat (Mental Illness), Suicides.
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026. Failure to Treat, Infections, Qualified Immunity, Fourteenth Amendment, rights, Deliberate Indifference.
- Sixth Circuit: Qualified Immunity Granted to Guard in Delayed Treatment for Prisoner who Suffered Heart Attack, Oct. 1, 2026. Pain, Cardiovascular, Failure to Treat, Qualified Immunity, Deliberate Indifference.
- Federal Court Orders Texas to Admit Incompetent Jailed Defendants to Mental Health Facilities Within 21 Days, Oct. 1, 2026. Staffing, Injunctions, Failure to Treat (Mental Illness), Pretrial Detention and Detainees, Competency.
- Last of Three Oklahoma Jail Death Settlements Totaling $66.5 Million Paid for Fatal Dehydration of “Cookie Queen”, Oct. 1, 2026. Diabetes, Settlements, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- Ninth Circuit Rules Favorably for Washington Prisoner Whose Writing Submission Was Censored, Oct. 1, 2026. Retaliation, Qualified Immunity, Mail Regulations, Censorship, First Amendment, rights.
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026. Qualified Immunity, Sovereign Immunity, Failure to Protect (Wrongful Death), Suicides, Deliberate Indifference.
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026. Staff-Prisoner Assault, Qualified Immunity, Fourteenth Amendment, rights, Pretrial Detention and Detainees, Wrongful Use of Force.
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Failure to Train/Supervise, Monell Liability.
- $3.75 Million Paid by Wisconsin After Mentally Ill Prisoner Dies of Dehydration, Oct. 1, 2026. Water, Settlements, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.

