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Eleventh Circuit Upholds Immunity of Federal Prison Guards Under FTCA, Even for Blatant Unconstitutional Acts

Loaded on Nov. 1, 2021 by Dale Chappell published in Prison Legal News November, 2021, page 32
Filed under: Guard Misconduct, Federal Tort Claims Act, Qualified Immunity. Location: Florida.

by Dale Chappell

In a move that surprised few, the U.S. Court of Appeals for the Eleventh Circuit went against the grain of almost every other court and held on June 9, 2021, that the discretionary function exception, which grants immunity to federal employees when they injure someone while exercising ...

 

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  1. Wrongfully Convicted Man Freed for Murder of Oregon DOC Director, But State Wants Him Back In Prison, by Mark Wilson
  2. From the Editor, by Paul Wright
  3. Indiana DOC Settles HRDC Mail Censorship Suit, by Chuck Sharman
  4. HRDC Represents Wrongfully Convicted Florida Man Who Spent 37 Years in Prison for a Rape Murder He Did Not Commit, by Chuck Sharman
  5. Fifth Circuit Overturns Permanent Injunction Requiring Texas Prison to Observe COVID-19 Precautions, by Matthew Clarke
  6. $750,000 Settlement in South Carolina Pretrial Detainee’s Suicide by Southern Health Partners, by David Reutter
  7. Arizona Auditor’s Report Finds Underfunding of DOC’s Capital Funding Requests and Unreconciled Prisoner Trust Fund Accounts, by Matthew Clarke
  8. Preliminary Injunction Bars Arkansas from Confiscating Prisoners’ COVID Stimulus Money, by David Reutter
  9. Washington State Prison Chief Secretly Forced to Retire, But Why?
  10. Benevolent or Predatory?, by Casey Bastian
  11. Georgia Sheriff Suspended After Indictment on Federal Civil Rights Charges, by David Reutter
  12. Language Matters: Why We Use the Words We Do, by Paul Wright
  13. What’s in a Name?, by Jeffrey Ross
  14. Louisiana Prisoners Used as Slave Labor During Hurricane Ida, Families Left in the Dark for Weeks, by Brian Dolinar
  15. Will Federal Prisoners on Home Confinement Have to Return to Prison?, by Dale Chappell
  16. Kentucky’s Prison HCV Policy of Monitoring Without Treatment Constitutional, by David Reutter
  17. Seven Guards Fired Over Collins County Texas Jail Death, by Jayson Hawkins
  18. All Massachusetts Jails to Provide Prisoners Ten Free Minutes of Phone Calls Per Week and Cap Charges on Additional Minutes at 14 Cents
  19. Company Surveils Activists Opposing Construction of Prisons and Jails, by Keith Sanders
  20. Federal District Court Orders All CDCR Employees be Vaccinated, by Douglas Ankney
  21. Louisville Jail Moves to Have Free Phone Calls for Prisoners by First of the Year, by Kevin Bliss
  22. Hackers Breach Thousands of Security Cameras, by David Reutter
  23. Wisconsin Feels Effects of Staffing Shortage in State Prisons, by Kevin Bliss
  24. First Prisoner Elected to Hold Public Office in Washington DC, by Kevin Bliss
  25. $72,000 Settlement Over Corizon’s Lack of Medical Treatment to Injured Arizona Prisoner, by Matthew Clarke
  26. Eleventh Circuit Upholds Immunity of Federal Prison Guards Under FTCA, Even for Blatant Unconstitutional Acts, by Dale Chappell
  27. Weeks Without a Shower: Neglect Defines COVID-19 Containment in California Jails, by Brian Osgood
  28. Audit Reveals Federal Bureau of Prisons’ Chaplaincy Services Branch Critically Depleted, by Casey Bastian
  29. To End Mass Incarceration, We Need to Bust the Myths That Prop It Up, by James Kilgore
  30. CFPB Hits JPay with $6 Million in Fines and Restitution Over Fee-Heavy “Debit Release Cards”, by Chuck Sharman
  31. Eleven Guards Fired after Death at Houston Jail, by Brian Dolinar
  32. HRDC Prevails Over Wellpath as Vermont Supreme Court Rules Private Contractor Must Release Public Records, by David Reutter
  33. Second Circuit Reversed Dismissal of Former BOP Prisoner’s FTCA Claim Against Dentist, by David Reutter
  34. Indiana Prisoner Entitled to Credit Time During Period of Erroneous Liberty, by David Reutter
  35. Eighth Circuit Clarifies Legal Standards for Conditions-of-Confinement Lawsuits Brought by Civilly-Committed Sex Offenders, by Matthew Clarke
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  50. Forced Shaving of Muslim Colorado Prisoner’s Beard Unconstitutional, by David Reutter
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  58. News in Brief

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