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Eleventh Circuit Vacates COVID-19 Injunction Against Miami Jail
by David M. Reutter
Just because prisoners get sick with COVID-19 in a jail too crowded to practice safe social distancing does not make jail officials liable because so long as they say they are doing “their best,” they can’t be guilty of “deliberate indifference” to the problem.
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More from this issue:
- Milestone: Thirty Years of Prison Legal News and the Human Rights Defense Center, by Paul Wright
- From the Editor, by Paul Wright
- Fifth Circuit Reinstates Lawsuit Over Texas Jail Prisoner’s Death, by Matthew Clarke
- Denied Medical Care During Pandemic, New Jersey Prisoner Treats Infected Wound With Bleach, by Dale Chappell
- Ninth Circuit: No Summary Judgment for Prison Officials Who Allegedly Allowed Attack on Nevada Prisoner, by David Reutter
- Lives at Stake as Pennsylvania County De-privatizes Prison, by David Reutter
- Coronavirus: A Second Wave of Infection, by Michael D. Cohen, MD
- Former Sheriff Joe Arpaio Loses Another Arizona Republican Primary, by Matthew Clarke
- Eleventh Circuit Vacates COVID-19 Injunction Against Miami Jail, by David Reutter
- Nebraska Declares Overcrowding Emergency in State Prisons, by Kevin Bliss
- Federal Judge Rules Prisoners Eligible for $1,200 Stimulus Checks; Application Deadline Extended to Nov. 21 for Online Filing, by Derek Gilna
- Fourth Circuit: Opening of Detainee’s Legal Mail Outside His Presence Violates Right to Free Speech, by David Reutter
- California Prison Guards Keep Jobs After Aiding Attacks on Sex Offenders, by Jayson Hawkins
- Texas: Prison Air Conditioning Needs Revisiting, by Edward Lyon
- Efforts to Keep COVID-19 Out of Montana Prisons Fuels Outbreaks in County Jails, by Alex Sakariassen
- Denial of Recruitment of Counsel for Wisconsin Prisoner Affirmed by Seventh Circuit, by David Reutter
- DOJ Finds Frequent Use of Excessive Force in Alabama Prisons, by David Reutter
- Third Circuit: District Court Erred in Ruling Against Pennsylvania Prisoner’s Civil Rights Complaint, by David Reutter
- Two-Thirds of Nevada Prisoners Confined in Arizona Private Prison Test Positive for COVID-19, by Mark Wilson
- New Jersey Guard Acquitted in Sex Scandal, by David Reutter
- Washington Prisoner’s State Public Records Act Lawsuit Results in His Freedom and $111,194 Award, by Matthew Clarke
- North Carolina Temporarily Closes Three Prisons for Lack of Guards; Final One Reopens During COVID-19 Pandemic, by Edward Lyon
- Second Circuit Reverses Summary Dismissal of Connecticut Prisoner’s Failure-to-Protect Lawsuit, by Matthew Clarke
- $225,000 Windfall in Lehigh County, Pa. But Officials Don’t Cut Jail Phone Costs, by David Reutter
- Pennsylvania Prisoner Loses Part of Leg, Wins Appeal in Precedential Grievance Process Case, by David Reutter
- Private Prison Industry Ramped Up Campaign Contributions, Favoring Republicans, by Derek Gilna
- Florida Spent $1.7 Million, and Counting, to Impede Felon Voting Rights, by David Reutter
- Investment Firm Buys Corizon, by Matthew Clarke
- $1.25 Million Settlement Against Tennessee County Over Sheriff’s Violations of Labor Law, by Douglas Ankney
- Violence at New York City’s Rikers Island Jail Increasing Even as Population Falls, by Edward Lyon
- Ankle Monitor Shortage at Chicago Jail Put Prisoner Releases During COVID in Limbo, by David Reutter
- Failed Michigan Jail Site to Host Innovation Center, by David Reutter
- Second Circuit: Denial of Exercise Over Four Months Defeats Summary Judgment, by David Reutter
- Report: Screening Failures Cited in COVID-19 Outbreak in California Prisons, by Kevin Bliss
- Rikers Island Death Case Against City of New York Settles for $5.5 Million, by Derek Gilna
- ICE Detainees Pepper-Sprayed Over Hunger Strike, by Daniel A. Rosen
- Families of 4 Alabama Prisoners Who Committed Suicide File Federal Lawsuit Against Prison Officials, by Matthew Clarke
- Eleventh Circuit: Florida’s Treatment Plan for Hepatitis C-Positive Prisoners Constitutional, by David Reutter
- Connecticut: Summary Judgment Denied in Deliberate Indifference Case Where Facial Lesion Turned Out To Be Skin Cancer, by Chad Marks
- Sixth Circuit Reverses and Allows Ohio Prisoner’s Civil Rights Lawsuit to Proceed, by David Reutter
- Fourth Circuit Orders Sealing of North Carolina Court’s Order to “Protect Defendant from Harm”, by David Reutter
- Mental Health Crisis in California’s Lock-Ups Worsens With COVID-19, by Edward Lyon
- Temporary Halt of Federal Prison Labor at National Parks, but New Policy Proposed To Resume It, by Jayson Hawkins
- Native Americans Protest Theft of Alcatraz Island, by Edward Lyon
- $70,000 Settlement in Private Firm’s Failure to Treat Arizona Prisoner’s Broken Wrist, by David Reutter
- Guard Violates Eighth Amendment by Brandishing Knife and Threatening Prisoner’s Life, by David Reutter
- Seventh Circuit Dismisses Summary Judgment for Defendants in Illinois Prisoner’s Lawsuit Over Beating, Choking, by David Reutter
- HRDC Files Civil Rights Lawsuit Against Colorado Sheriff for Censorship of Prisoner Publications, by Derek Gilna
- Captain Accused of Abusing Mentally Ill Prisoners Cleared in Internal Investigation, by Kevin Bliss
- New York City BOP Prisoner Dies After Being Pepper-Sprayed, by Kevin Bliss
- Former Pennsylvania Prison All Solitary with Silence Mandatory, by Edward Lyon
- Alabama Executes Non-Shooter in Police Killings, by David Reutter
- Former Angola Warden Burl Cain Appointed Head of Mississippi Prison System, by Matthew Clarke
- Massachusetts Jail Phone Cost Reductions Under Attack, by Edward Lyon
- News in Brief
More from David Reutter:
- 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
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- $1.25 Million Paid for Special Needs Teen’s Fatal Beating in Houston Jail, May 1, 2026. Prisoner-Prisoner Assault, Failure to Protect (General), Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Cruel and Unusual Punishment.
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.
- “Large Fight” Broke Out at Alaska Prison After Downsizing Effort, April 1, 2026. Transfers, Cost of Prison Systems, Totality of Conditions, Failure to Protect (General), Overcrowding.
- Five Prisoners in Georgia Injured in Fight, Two Months After Three Prisoners Were Killed, April 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Staffing.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- Georgia Grand Jury Scolds Augusta Jail for Overcrowding Days Before Violent Detainee Assault, March 1, 2026. Private Contractors, Failure to Protect (General), Overcrowding, Staffing, Failure to Treat (Mental Illness).
- Maryland Prisons Reel from Growing Number of Prisoner Deaths, March 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Staffing, Deliberate Indifference.
- Southern Poverty Law Center Report Shows Culture of Abuse at Florida Prison, March 1, 2026. Failure to Protect (General), Overcrowding, Staffing, Pepper Spray/Tear Gas, Administrative Detention/Segregation.
- Three Prisoners Killed in Fight at Georgia Prison, Feb. 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Eighth Amendment, Staffing.

