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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:
- 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:
- Hospital Keeps Sending Detainees Back Without Care to County Jail in Colorado, May 1, 2026. Jail Misconduct, Private Contractors, Failure to Treat, Medical Neglect/Malpractice, Deliberate Indifference.
- Former Prison Dentist in Iowa Accused of Harassment, May 1, 2026. Sexual Harassment, Threats by Staff, Medical Misconduct, Dental Care.
- 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.
- $9.8 Million in Settlements Reached with South Carolina County and Wellpath in Gruesome Jail Death, May 1, 2026. Failure to Treat, Sanitation, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- $2.135 Million Partial Settlement Reached in Schizophrenic Detainee’s Death from “Gross Medical Neglect” at South Carolina Jail, May 1, 2026. Prison Health Services, Failure to Treat, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- Texas Officials Testify That Cost to Air Condition Prisons Tops $1.5 Billion, May 1, 2026. Eighth Amendment, Exposure to Heat, Administrative Exhaustion (PLRA), Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- Federal Jury Awards $307.6 Million to Former Michigan Prisoner After Corizon Refused Surgery, Forcing Him to Wear Colostomy Bag for Two Years, May 1, 2026. Corizon, Systemic Medical Neglect, Cruel and Unusual Punishment, Damages - Compensatory, Deliberate Indifference.
- Judge Denies New York Prison Chief’s Motion to be Dismissed from Case Related to Robert Brooks’ Murder, May 1, 2026. Work Strikes, Guard Brutality/Beatings, Failure to Train/Supervise, Police--Excessive Force, Deliberate Indifference.
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- Missouri Prisons Called Out for Incomplete Death Records, Hellish Solitary Heat, April 1, 2026. DOC/BOP misconduct, Systemic Medical Neglect, Exposure to Heat, Confinement in Segregated Housing, Deliberate Indifference.

