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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 …
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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
- Protesters Blockade CoreCivic Headquarters in Nashville; 19 Arrests
- Washington Prisoner Has First Amendment Right to Threaten to File Suit, by Derek Gilna
- Colorado County Settles Lawsuit Over Jail Prisoner’s Death for $3.5 Million, by Matthew Clarke
- 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
- Federal Court Issues Injunction Over Conditions on Virginia’s Death Row, by Matthew Clarke
- Some Arizona Prison Logs Show Temperatures up to 119 Degrees; Others Falsified, by Matthew Clarke
- 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
- JPay Vulnerability Exploited by Idaho Prisoners for $225,000 in Credits, by Steve Horn
- 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
- At the Federal Supermax, When Does Isolation Become Torture?, by Alan Prendergast
More from David Reutter:
- Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies, Aug. 1, 2026
- Michigan Appeals Court: Witnesses Cannot be Forced to Wear Jail Clothes at Trial, Aug. 1, 2026
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
More from these topics:
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- Oregon Agrees to $2.3 Million Settlement After Guards Toss Mentally Ill Prisoner in Solitary, Taunt Him Until He Kills Himself, Aug. 1, 2026. Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness), Suicides, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- $1.2 Million for Elderly Detainee Shoved Out the Door of Sacramento Jail by Guard, Aug. 1, 2026. Guard Brutality/Beatings, Americans with Disabilities Act, Rehabilitation Act, Failure to Treat (Mental Illness), 42 U.S. Code § 1983, civil action for deprivation of rights.
- $30,000 Settlement Reached in Virginia Jail Death That Put Richmond Lockup Under State Oversight, Aug. 1, 2026. Jail Misconduct, Failure to Protect (General), Staffing, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.
- $25,000 Paid to Former New York Jail Detainee Subjected to Delayed Healthcare and Denied Mental Healthcare— Despite Seven Suicide Attempts, July 1, 2026. Failure to Treat, Conditions of Confinement, Mental Health, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Eighth Circuit Revives Prisoner Lawsuit over Conditions of Confinement, July 1, 2026. Conditions of Confinement, Due Process, 42 U.S. Code § 1983, civil action for deprivation of rights, Prisoners' Rights, Administrative Detention/Segregation.
- $5 Million Paid by Colorado County for Jail Detainee’s “Gruesome” Death from Untreated Ulcer; Claims Proceeding Against Southern Health Partners, June 1, 2026. Private Prisons, Systemic Medical Neglect, Private Contractors, Failure to Treat, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Sixth Circuit Upholds $10 Million Wrongful Conviction Verdict for Exonerated Michigan Prisoner, June 1, 2026. Wrongful Conviction, 42 U.S. Code § 1983, civil action for deprivation of rights, Immunity - Absolute and Qualified, Damages - Compensatory, Failure to Disclose.
- $75,000 for Pennsylvania Prisoner’s Excessive Force Claim Against Jail Guard, June 1, 2026. Failure to Treat, Guard Brutality/Beatings, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability, Wrongful Use of Force.

