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Second Circuit Reversed Dismissal of Former BOP Prisoner’s FTCA Claim Against Dentist
by David M. Reutter
The Second Circuit Court of Appeals reversed the dismissal of a former federal prisoner’s complaint brought pursuant to the Federal Tort Claims Act (FTCA). The court concluded that a state rule that requires an affidavit of merit to state a claim for medical negligence …
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More from this issue:
- Wrongfully Convicted Man Freed for Murder of Oregon DOC Director, But State Wants Him Back In Prison, by Mark Wilson
- From the Editor, by Paul Wright
- Indiana DOC Settles HRDC Mail Censorship Suit, by Chuck Sharman
- HRDC Represents Wrongfully Convicted Florida Man Who Spent 37 Years in Prison for a Rape Murder He Did Not Commit, by Chuck Sharman
- Fifth Circuit Overturns Permanent Injunction Requiring Texas Prison to Observe COVID-19 Precautions, by Matthew Clarke
- Arizona Auditor’s Report Finds Underfunding of DOC’s Capital Funding Requests and Unreconciled Prisoner Trust Fund Accounts, by Matthew Clarke
- $750,000 Settlement in South Carolina Pretrial Detainee’s Suicide by Southern Health Partners, by David Reutter
- Preliminary Injunction Bars Arkansas from Confiscating Prisoners’ COVID Stimulus Money, by David Reutter
- Washington State Prison Chief Secretly Forced to Retire, But Why?
- Benevolent or Predatory?, by Casey Bastian
- Georgia Sheriff Suspended After Indictment on Federal Civil Rights Charges, by David Reutter
- Language Matters: Why We Use the Words We Do, by Paul Wright
- What’s in a Name?, by Jeffrey Ross
- Louisiana Prisoners Used as Slave Labor During Hurricane Ida, Families Left in the Dark for Weeks, by Brian Dolinar
- Will Federal Prisoners on Home Confinement Have to Return to Prison?, by Dale Chappell
- Seven Guards Fired Over Collins County Texas Jail Death, by Jayson Hawkins
- Kentucky’s Prison HCV Policy of Monitoring Without Treatment Constitutional, by David Reutter
- All Massachusetts Jails to Provide Prisoners Ten Free Minutes of Phone Calls Per Week and Cap Charges on Additional Minutes at 14 Cents
- Federal District Court Orders All CDCR Employees be Vaccinated, by Douglas Ankney
- Company Surveils Activists Opposing Construction of Prisons and Jails, by Keith Sanders
- Louisville Jail Moves to Have Free Phone Calls for Prisoners by First of the Year, by Kevin Bliss
- Hackers Breach Thousands of Security Cameras, by David Reutter
- First Prisoner Elected to Hold Public Office in Washington DC, by Kevin Bliss
- Wisconsin Feels Effects of Staffing Shortage in State Prisons, by Kevin Bliss
- $72,000 Settlement Over Corizon’s Lack of Medical Treatment to Injured Arizona Prisoner, by Matthew Clarke
- Eleventh Circuit Upholds Immunity of Federal Prison Guards Under FTCA, Even for Blatant Unconstitutional Acts, by Dale Chappell
- Weeks Without a Shower: Neglect Defines COVID-19 Containment in California Jails, by Brian Osgood
- Audit Reveals Federal Bureau of Prisons’ Chaplaincy Services Branch Critically Depleted, by Casey Bastian
- To End Mass Incarceration, We Need to Bust the Myths That Prop It Up, by James Kilgore
- CFPB Hits JPay with $6 Million in Fines and Restitution Over Fee-Heavy “Debit Release Cards”, by Chuck Sharman
- HRDC Prevails Over Wellpath as Vermont Supreme Court Rules Private Contractor Must Release Public Records, by David Reutter
- Eleven Guards Fired after Death at Houston Jail, by Brian Dolinar
- Indiana Prisoner Entitled to Credit Time During Period of Erroneous Liberty, by David Reutter
- Second Circuit Reversed Dismissal of Former BOP Prisoner’s FTCA Claim Against Dentist, by David Reutter
- $731,000 Jury Award to Illinois DOC Prisoner Held 23 Months Beyond Release Date, Over $210k in Fees Awarded As Well, by David Reutter
- Eighth Circuit Clarifies Legal Standards for Conditions-of-Confinement Lawsuits Brought by Civilly-Committed Sex Offenders, by Matthew Clarke
- Prisoner Voting Population Grows as Illinois Bill Extends Polling Sites to County Jails
- Massachusetts Department of Corrections Sued Over Use of “Fake” Drug Tests on Legal Mail, by Casey Bastian
- Seventh Circuit: Local Rules Requiring Specific Filings to Summary Judgments Should Not be Used as a Sanction, by Dale Chappell
- Michigan DOC Eases Up on Pregnant Prisoners, Limits Shackles and Solitary Confinement, by Chuck Sharman
- D.C. Federal Court Rules District Providing Unlawfully Inadequate Education to Incarcerated Youth with Disabilities, Grants Preliminary Injunction, by Matthew Clarke
- Prison Officials Actions to Correct Inhumane Cell Conditions Merit Judgement in Their Favor
- $129,000 Bench Verdict for BOP Prisoner in Failure to Warn of Valley Fever
- Lawsuit Over Denial of Medical Treatment for Painful Erection Causing Impotence in Oklahoma County Jail Reinstated by Tenth Circuit, by Matthew Clarke
- CoreCivic Prison at Center of Georgia Drug Trafficking Investigation
- Fifth Circuit Holds Defendants Entitled to Sovereign Immunity For Denial of Sex-Reassignment Surgery to Texas Prisoner, by Matthew Clarke
- Sixth Circuit Holds Court Lacked Jurisdiction to Rule on Summary Judgment in Retaliation Suit by BOP Prisoner
- California Fire Crew Prisoner’s Escape Attempt Leaves Trail of Destruction
- $5,000 Award for Pro Se Florida DOC Prisoner in Unjustified Pepper Spraying
- Oregon Suspends Outside Prisoner Work Crews After Prisoner Escape Sparks International Incident, by Mark Wilson
- Forced Shaving of Muslim Colorado Prisoner’s Beard Unconstitutional, by David Reutter
- Broward County Florida Sheriff Rejects Independent Reviews of Detainee’s Death
- $8.6 Million Award Against Wexford for Deliberate Indifference to Prisoner’s Kidney Cancer
- $170,000 Settlement By New Jersey DOC in Transgender Lawsuit With New Policy, by Jayson Hawkins
- Arizona Federal Court Dismisses NAACP’s Challenge to Private Prisons as Violating Thirteenth Amendment by Commodifying Prisoners for Profit
- Fifth Circuit Holds Confessed Medical Malpractice Does Not Insulate Prison Medical Providers From Finding of Deliberate Indifference, by Matthew Clarke
- $23,000 Settlement Against Pennsylvania Dental Healthcare Company for Inadequate Dental Care
- News in Brief
More from David Reutter:
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026
- Nevada Prisoners, Families Call Out Predatory Tablet Program, Sept. 1, 2026
- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026
- 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
More from these topics:
- “Nothing Short of Disgraceful”: New York Prisoner Wins Injunction Ordering Cancer Treatment Delayed Seven Years, Sept. 1, 2026. Cancer, Failure to Treat, Eighth Amendment, Injunctions, Deliberate Indifference.
- BOP Denies Providing Substandard Dialysis Treatment Despite Prisoners’ Deaths, Court Filings, Understaffing and Lack of Oversight, Sept. 1, 2026. Systemic Medical Neglect, Private Contractors, Failure to Treat, Staffing, Inadequate Health Care Facilities.
- $280,000 Paid for South Carolina Detainee’s Death in Charleston Jail, Sept. 1, 2026. Private Contractors, Failure to Treat, Contractor Liability, Medical Neglect/Malpractice, Monell Liability.
- $5.4 Million Jury Verdict Against Riverside County in Suit Over Jail Fentanyl Death, Sept. 1, 2026. Failure to Treat, Drug Overdose, Failure to Protect (Wrongful Death), Monell Liability, Deliberate Indifference.
- States Claim to Invest in “Humane” New Prisons— But Prisons Were Never Humane, Sept. 1, 2026. Retaliation for Organizing, Hunger Strikes, Protests, Failure to Treat, Immigration Detention.
- $3 Million Paid by San Diego County for Diabetic Detainee’s Jail Death; NaphCare Settles Separately for Undisclosed Amount, Sept. 1, 2026. Naphcare, Diabetes, Failure to Treat, Settlements, Medical Neglect/Malpractice.
- Ohio Finds Guards and Medical Staff Failed to Render Life-Saving CPR to Detainee, Sept. 1, 2026. Systemic Medical Neglect, Failure to Treat, Failure to Train/Supervise, Medical Neglect/Malpractice, Deliberate Indifference.
- Hawai‘i Pays $600,000 for Prisoner’s Withdrawal Death, Sept. 1, 2026. Medication, Drug/Alcohol Withdrawal, Failure to Treat, Settlements, Medical Neglect/Malpractice.
- $10.19 Million Paid for Retired California Prison Guard’s Death in Colorado Jail, Aug. 1, 2026. Failure to Treat, Stun Guns/Tasers, Failure to Train/Supervise, Medical Neglect/Malpractice, Deliberate Indifference.
- Fourth Circuit Affirms Damages Class Certification in Opioid Treatment Denial, Aug. 1, 2026. Wexford Health Services, Drug/Alcohol Withdrawal, Failure to Treat, Class Certification, Deliberate Indifference.

