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Absent Expert Medical Testimony, Deliberate Indifference Tough to Prove in Medical Cases
by David M. Reutter
The Eighth Circuit Court of Appeals affirmed the grant of summary judgment for the defendants in a civil rights lawsuit alleging they were deliberately indifferent to a prisoner’s serious medical needs. This case highlights the need for expert medical testimony to win in such …
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More from this issue:
- PREA: Tackling the Nightmare of Prison Rape, by David Reutter
- From the Editor, by Paul Wright
- Nebraska Supreme Court Holds Discretionary Function Exception Bars Lawsuit Over Prison’s Botched Response to Uprising
- Arizona Federal Court Rescinds Approval of Jensen Settlement; Sets Class Action Medical and Control Unit Case Against Arizona DOC for Trial, by Matthew Clarke
- $50,000 Settlement for Denial of Medical Care at Tribal Jail in Montana
- Georgia Enacts Massive Probation Reform Bill, by David Reutter
- Protective Order Issued in Florida Solitary Confinement Lawsuit, by David Reutter
- Prison Staff Are Refusing Vaccines. Incarcerated People Are Paying the Price., by Erika Tyagi, Joshua Manson
- The States that Lead the Nation in COVID-19 Cases Are Hiding Their Prison Data, by Sharon Dolovich, Erika Tyagi, Neal Marquez
- Court Grants Class Certification for Illinois Prisoners in Restrictive Housing Lawsuit, by Keith Sanders
- Eighth Circuit Reverses Dismissal of HRDC Postcard-Only Suit Against Arkansas Jail, by David Reutter
- South Carolina Attorney General Issues Opinion That Information in State Prisoners’ Death Certificates Is Public Information, by Matthew Clarke
- HRDC Case Sues JPay Over Fee-Heavy “Release Card” Debit Cards
- Eleventh Circuit Holds No Qualified Immunity on Deliberate Indifference in Heat Exhaustion Case, by David Reutter
- Colorado Jail Blows Through $16 Million in COVID Relief Money, Has Outbreak Anyway, Settles ACLU Conditions Suit, by David Reutter
- Death, Neglect and Despair in U.S. Tribal Jails, by Daniel A. Rosen
- Tennessee Department of Corrections Rebids $123 Million Health Care Contract After Corizon Accuses It and Centurion of Bid Rigging, by Matthew Clarke
- Study Analyzes Deaths of Parole-Approved Texas Prisoners Awaiting Release, by Matthew Clarke
- File a CFPB Complaint for Unfair Money Transfer Fees
- Hunger Strike, Ceiling Collapse, Lawsuit Spotlight Deteriorating Conditions at Women’s Prison in Illinois, by Brian Dolinar, Panagioti Tsolkas
- Sacramento Sheriff Used Prisoner Welfare Fund for Trips, Salaries and Equipment, by Matthew Clarke
- Virginia Department of Corrections Confirms Visitation Not Primary Means of Contraband Introduction, by Kevin Bliss
- Fourth Circuit Rules Prisoner Sex Offender has No Right to In-Person Visitation with His Minor Children, by Douglas Ankney
- Seven Former GEO Employees Plead Guilty in Federal Texas Private Jail Bribery Scheme
- Indiana DOC Settles Class-Action Lawsuit Over Ban on Incoming Mail Except That in White Envelopes Using White, Lined Paper
- Supreme Court Reverses Qualified Immunity Dismissal of Texas Prisoner’s Excessive Force Claim, by Douglas Ankney
- Local Pennsylvania Voters Ban Solitary Confinement and No-Knock Warrants, by David Reutter
- Absent Expert Medical Testimony, Deliberate Indifference Tough to Prove in Medical Cases, by David Reutter
- Erie County Sheriff Settles AG Lawsuit for Violating New York Reporting Directives, by Kevin Bliss
- California Slashes High Call Rates in Prisons and Jails, by Chuck Sharman
- Mailbox Rule Inapplicable to Prisoners Represented by Counsel
- Federal New York City Jail Made Infamous by Jeffrey Epstein Death Closed Due to Persistent Problems and Incompetence
- New Connecticut Law Eliminates Prison Gerrymandering
- $56 Million Settlement in CoreCivic Securities Violation Lawsuit, by David Reutter
- Judge Orders COVID Emergency Release Procedures at Lompoc Federal Prison, by Jayson Hawkins
- Eleventh Circuit Grants Prisoner with Hep C Exception to PLRA Three Strikes Rule
- Washington DC Jail’s Suicide Proof “Safe Cell” Use Not Safe for Prisoners, by Kevin Bliss
- Iowa County Wants to Use COVID-19 Relief Money to Build New Jail, by Keith Sanders
- Immigration Detention Contracts Cancelled in Georgia and Massachusetts, by Daniel A. Rosen
- $1 Million Settlement in Georgia Prisoner’s Preventable Suicide Attempt and Death, by David Reutter
- $500,000 Settlement for California Jail Rape, Deputy Fired and Sentenced
- Pay-to-Play Lives in FEC Decision Not to Enforce Ban on Political Contributions by Boca Prison Contractor The GEO Group, by Dan Christensen
- 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.
- $100,000 Paid to Five Prisoners Assaulted by Centurion Gynecologist at Florida Lockup, Sept. 1, 2026. Staff-Prisoner Assault, Prison Rape Elimination Act, Contractor Liability, Monell Liability, Deliberate Indifference.
- Mississippi DOC Held Mentally Unwell Prisoners in Solitary, Many Died Because of It, Sept. 1, 2026. Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness), Suicides, Staff Training, Deliberate Indifference.
- $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.
- Report Highlights Shortage of Wheelchairs at Michigan Women’s Prison, Sept. 1, 2026. Disabled Prisoners, Medication, Systemic Medical Neglect, Staffing, Deliberate Indifference.
- 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.
- $4.5 Million Paid by Cook County for Detainee Suicide in Chicago Jail, Aug. 1, 2026. Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Suicides, Administrative Detention/Segregation, Deliberate Indifference.
- New York Ordered to Pay Prisoner $25,000 for Failing to Protect Him from Attack, Aug. 1, 2026. Failure to Protect (General), Defenses, Damages - Compensatory, Negligence/Reckless Endangerment, Deliberate Indifference.
- 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.
- $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.

