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Sixth Circuit: § 1983 Actions Classified as Personal Injury Claims
Loaded on Sept. 5, 2018
by David Reutter
published in Prison Legal News
September, 2018, page 50
Filed under:
Injury -- Misc.,
42 U.S. Code § 1983, civil action for deprivation of rights.
Location:
Ohio.
by David Reutter
The Sixth Circuit Court of Appeals held on January 22, 2018 that civil rights actions brought under 42 U.S.C. § 1983 are considered personal injury claims. With that principle established, the Court found that such a claim can survive a plaintiff’s death and allow for party substitution ...
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More from this issue:
- Solitary Instead of Treatment of Mentally Ill Prisoner Costs New Mexico Jail $2 Million, by R. Bailey
- Sixth Circuit: § 1983 Actions Classified as Personal Injury Claims, by David Reutter
- Family of Deceased Colorado Prisoner Accepts Settlement for $5.3 Million, New Policies, by Edward Lyon
- South Dakota Prisoner Fights Porn Ban in Federal Court, by Edward Lyon
- PLRA’s Administrative Remedies Requirement Tolls Limitations Time but Not Accrual Time, by David Reutter
- Jail’s Failure to Protect Juvenile from Sexual Assault Supports $25,000 Verdict, by David Reutter
- Jury Awards Federal Prisoner $675,000 in Retaliation, Excessive Force Bivens Case, by Jeremy Pinson
- Lawsuit Alleges Texas County Jailers Beat, Paralyzed Prisoner, by Matthew Clarke
- Study Finds Wrongful Convictions in 11.6 Percent of Sexual Assault Cases from Pre-DNA Testing Era
- Prison Grievance Coordinator’s Responses Rendered Administrative Remedies Unavailable, by David Reutter
- With Help from ACLU, Parolee Wins $10,000 Settlement Plus $100,000 in Attorney Fees, by Derek Gilna
- Texas Settles Suit Over Rape and Beating of Transgender Prisoner
- With 27 Percent Unemployment, Jobs Crisis Hits Ex-prisoners the Hardest, by Steve Horn
- Maine: Superior Court’s Dismissal for Lack of Jurisdiction Not Supported by the Record, by Dale Chappell
- Canadian Woman Wins Settlement for Death of Son Born in Jail, by Derek Gilna
- New Orleans Parish Court System has Unconstitutional Funding Practices, by David Reutter
- NC Escape Attempt that Left Four Dead Leads to Reforms, Increased Punishment
- Mother of Prisoner Who Died at Texarkana Jail Challenges $200,000 Settlement; Nurse Pleads Guilty, by Matthew Clarke
- Privacy Interests Outweigh Public Interest in Disclosure of AUSA Termination Letter, by David Reutter
- New Rule Sparks Uprising at California Sex Offender Civil Commitment Facility, by Matthew Clarke
- Private Prison Operator Emerald Corrections Out of Business, by Steve Horn
- Two Chicago Prisoners, Released Due to Police Misconduct, Seized by ICE, by Derek Gilna
- $55,000 Settlement in Rape of Missouri Jail Prisoner
- Texas Uses Failed Private Prison to Hold Civilly Committed Sex Offenders, by Matthew Clarke
- Ohio Settles Suit Over Sexual Assault of Prisoner for $525,000, by Matthew Clarke
- Nevada County Settles Lawsuit Over Jail Prisoner’s Death for $500,000, by Matthew Clarke
- Federal Judge Voids Contract Between Death Row Exoneree and Attorney, by David Reutter
- Fifth Circuit Reverses Dismissal of Federal Prisoner’s Retaliation, Conspiracy Claims, by Matthew Clarke
- Despite Lack of FCC Action, States Can Still Make Prison and Jail Calls Affordable, by Dale Chappell
- Georgia Medical Prison Rife with Dysfunction, Abuse and Dilapidated Conditions, by David Reutter
- Controversy in Utah Over Jail Deaths and Secret Jail Operating Standards, by Matthew Clarke
- Dozens of Lawsuits Against Correct Care Solutions for Sometimes Fatal Denial of Medical Treatment, by Matthew Clarke
- Los Angeles County Settles Lawsuit over Jail Prisoner’s Suicide for $1.7 Million, by Matthew Clarke
- Lake County, Indiana Establishes $8.2 Million Bond to Settle Jail Lawsuits
- Former Mexican Mafia General Turned Informant Receives $25,000 from GEO Group, 20 Years in Prison from Feds, by Matthew Clarke
- Minnesota Prisoner Wins Reprieve from Jail Debt in Federal Court, by Edward Lyon
- Virginia Prisoner Defeats Summary Judgment, Settles Religious Diet Case, by Edward Lyon
- Top Federal Death Penalty Lawyer Demoted, Reassigned, by Christopher Zoukis
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- Washington Prisoner Has First Amendment Right to Threaten to File Suit, by Derek Gilna
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- HRDC Files Suit Against FDOC Over Mentally Ill Prisoner’s Starvation Death
- Ohio City, Medical Center Settle Lawsuit Over Jail Prisoner’s Death for $210,000, by Matthew Clarke
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- New CNN Film, “American Jail,” Shows How the Poor Get – and Stay – Incarcerated, by Steve Horn
- Illinois: $4.75 Million Settlement in Jail Seizure Injury Case, by David Reutter
- Oklahoma Prisoners, Advocacy Group File Short-lived Lawsuit Alleging Corruption, by Matthew Clarke
- California Supreme Court Modifies Settlement to Revise Parole Process, by Derek Gilna
- Florida Board Rules Convicted Prison Guard Can’t Collect Retirement Benefits, by Monte McCoin
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- Lawsuit, Ballot Initiative Seek to Reform Felon Disenfranchisement in Florida, by David Reutter
- Pennsylvania: Class-action Suit Against USP Lewisburg Reinstated, by Derek Gilna
- From the Editor, by Paul Wright
- Rikers Island Beat Down Suit Settles for $165,000, but Victim Won’t See a Penny, by Christopher Zoukis
- News in Brief
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More from David Reutter:
- First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court, Aug. 1, 2025
- Oregon Prisoners Can Now Seek Economic Damages for Future Lost Income More Easily, July 15, 2025
- $22.5 Million Verdict Arrives Too Late for Wrongfully Convicted Illinois Prisoner, July 15, 2025
- First Circuit Revives Rhode Island Prisoner’s Excessive Force Claim Against Guard, July 15, 2025
- First Circuit Affirms Denial of Qualified Immunity to Maine Guards who Ogled Prisoner During Childbirth, July 15, 2025
- $250,000 Verdict for South Carolina Prisoner Pepper-Sprayed in Face Without Cause by Guard, July 15, 2025
- Eighth Circuit Affirms Judgment for HRDC in Arkansas Jail Censorship Suit, July 15, 2025
- $550,000 Settlement After Juvenile’s Suicide at Charlotte Jail, July 15, 2025
- Seventh Circuit Revives Former Illinois Prisoner’s Claim for Delayed Hepatitis-C Treatment, July 15, 2025
- Sixth Circuit: Michigan Tolling Statute Applies to PLRA Administrative Exhaustion Requirement, July 15, 2025
More from these topics:
- Tenth Circuit Upholds Nearly $8.8 Million Judgment for Utah Jail Death, June 1, 2025. Injury -- Misc., Drug/Alcohol Withdrawal, Medical Neglect/Malpractice.
- Ninth Circuit Reinstates Religious Exercise Claim from Arizona “Christian-Israelite” Prisoner Denied Passover Meal, June 1, 2025. Religious Discrimination, Religious Diet, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Wellpath and VitalCore Skip Paying Nearly $2 Million in Settlements in South Carolina, June 1, 2025. Staff-Prisoner Assault, Systemic Medical Neglect, Injury -- Misc., Private Contractors.
- $20,000 Settlement for Ohio Prisoner’s Slip-and-Fall Injury, May 1, 2023. Injury -- Misc., Failure to Protect (General), Settlements.
- Nevada Federal Court Says Prisoner’s § 1983 Suit Should’ve Been a Habeas Petition, But Returns Filing Fee, Feb. 1, 2023. Filing Fees, 42 U.S. Code § 1983, civil action for deprivation of rights, Amendments to Petition.
- Seventh Circuit Refuses to Hold Wexford Liable for Prisoner’s Pain from Medical Transports in “Black Box” Restraint, July 11, 2022. Wexford Health Services, Injury -- Misc., Transportation, Restraints, Immunity/Liability.
- National Institute of Justice Funds Research to Differentiate Injuries Caused by Child Abuse from Accidental Injuries, Aug. 15, 2021. Injury -- Misc., Child Abuse/Abusers.
- Ninth Circuit Announces Un-Mirandized Statement Used in Criminal Proceeding Violates Fifth Amendment and Supports § 1983 Claim, March 15, 2021. Fifth Amendment, 42 U.S. Code § 1983, civil action for deprivation of rights, Miranda.
- Fifth Circuit Upholds Dismissal of Prisoner's Lawsuit Over Guard's Failure to Protect Him From Another Prisoner's Attack, Sept. 15, 2020. Injury -- Misc., Eighth Amendment, Failure to Protect (Staff), Deliberate Indifference.
- State of New York 50 Percent Liable for Prisoner’s Injury Sustained from Table Saw, Feb. 4, 2020. Injury -- Misc., Immunity/Liability.