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Fifth Circuit Affirms Dismissal of Federal Prisoner’s Bivens Action Challenging Due Process in 280-Day SHU Stay and Alleging Retaliation
Loaded on Sept. 1, 2021
by Matthew Clarke
published in Prison Legal News
September, 2021, page 48
Filed under:
Retaliatory Segregation,
Control Units/SHU/Solitary Confinement,
Dismissal.
Location:
Louisiana.
by Matt Clarke
On June 2, 2021, the United States Court of Appeals for the Fifth Circuit affirmed the dismissal of a federal prisoner’s claims of insufficient due process used in maintaining his Special Housing Unit (SHU) status for 280 days. In doing so, the court refused to …
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More from this issue:
- Mississippi Supreme Court Applies Pro Se Leniency in Reversing Dismissal of Prisoner’s Lawsuit Challenging Prison Disciplinary Action, by Matthew Clarke
- Nominal Representation Without Actual Representation: One Person, No Vote, by Edward Lyon
- Louisiana Bars Problem Doctors from Practicing Medicine in Most Hospitals. So They Treat Incarcerated People Instead., by Addy Baird
- California Female Prisoners Used as Honey Trap Bait for Rapist Guard, by Edward Lyon
- From the Editor, by Paul Wright
- Human Rights Defense Center Prevails in Censorship Lawsuit Against Napa County Jail, California, by Derek Gilna
- California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, by Derek Gilna
- Modest Decline in Prison and Jail Populations in Spring 2021, by Matthew Clarke
- FCC Takes Further Action on Prison and Jail Phone Rates, by Chuck Sharman
- Seventh Circuit: PLRA Mandates Dismissal for Deceit on IFP Application, by David Reutter
- Federal BOP Overwhelmingly Denies Compassionate Releases During COVID, by Daniel A. Rosen
- HRDC Sues Florida DOC Over Censorship, for the Third Time in 18 Years, by Chuck Sharman
- Fourth Circuit: No Privacy Expectation Exists for Prisoner in Diagnosis and Treatment of HIV, by David Reutter
- Pandemic Medical Update: The Delta Surge, by Michael D. Cohen, MD
- These Meds Prevent Overdoses. Few Federal Prisoners Are Getting Them, by Beth Schwartzapfel
- Massachusetts Cop Indicted for Lying About Checking Cell of Prisoner Who Died of Drug Overdose
- New Clemency Rules Expected to Expedite Civil Rights Restoration in Florida, by Kevin Bliss
- Florida Files Environmental Lawsuit Against Phosphate Company Pollution, by Panagioti Tsolkas
- HRDC Sues Illinois DOC Under FOIA, Again, for GTL Contract Details, by Chuck Sharman
- The Fight Over Cellphones in Prisons Rages On, by Derek Gilna
- San Diego Jail Approves Free Phone and Video Calls
- Lawsuit Over Alabama Private Mega-Prison Leases Dismissed, by Daniel A. Rosen
- Eighth Circuit Holds Lack of “Clearly Established” Law Requiring Staffer to Notify of Prisoner’s Suicide Risk Prevented Damages, by Dale Chappell
- EPA Slams GEO Over Disinfectant Use at Private Prison, Federal Court Issues Preliminary Injunction to Stop It, by Dale Chappell
- $10 Million Settlement in Taser Death of Mentally Ill Man in South Carolina Jail, by David Reutter
- Criminal Justice System Encourages Racism According to MIT Study, by Kevin Bliss
- $750,000 Settlement in South Dakota Pretrial Detainee’s Overdose Death, by David Reutter
- US Marshalls Terminate Contract with GEO Snitch Camp at Queens NY Detention Facility, by Douglas Ankney
- Florida’s Brutal Prison System Will Continue to Subsidize Rural Economies, With No Meaningful Reform in Sight, by David Reutter
- California Begins Transfer of Prisoners to Facilities Consistent with Prisoners’ Gender Identity, by Douglas Ankney
- US DOJ Finds California Alameda County Jail in Violation of Constitution and ADA, by Matthew Clarke
- Report Shows COVID-19 Reduced Life Expectancy for Prisoners in Florida, Same Likely for Other States, by David Reutter
- Ohio Guard Added to Sex Offender List and Sent to Prison for Sex with Detainee
- $350,000 Settlement for New Mexico Pretrial Detainee in ‘Failure to Protect’ Claim, by David Reutter
- The Killing Fields: Three Alabama State Prisoners Murdered in Five Days, by Edward Lyon
- New Mexico Jail Sued For Allowing Woman Prisoner to Die of Infections, by Keith Sanders
- Beating Death in Oahu Jail Ends With Acquittal of Mentally Ill Killer, by Kevin Dayton
- $2.1 Million Awarded in Beating Ordered by Kentucky Jail Guard
- Fifth Circuit Affirms Dismissal of Federal Prisoner’s Bivens Action Challenging Due Process in 280-Day SHU Stay and Alleging Retaliation, by Matthew Clarke
- Ninth Circuit Reverses Summary Judgment in Lawsuit For CoreCivic Causing BOP Detainee’s Prolonged Detention Without Court Appearance or Attorney, by Matthew Clarke
- Lawsuit Filed Over Rodent Infestation at New Mexico Prison, by David Reutter
- Illinois Prison Guard Charged for Assaulting a Prisoner
- District Court Extends Armstrong Order to Five Additional California Prisons, by Derek Gilna, Douglas Ankney
- Decapitated Prisoner Shows CDCR Safety Standards Still Headed in the Wrong Direction, by Matthew Clarke
- The U.S. Department of Justice Creates Risk Assessment Tool to Help Determine Who is Eligible for Early Release Under First Step Act
- Fifth Circuit Reverses Dismissal of Texas Prisoner’s Failure-to-Protect Suit, by Matthew Clarke
- California Appeals Court Holds Habeas Action Over Censorship of Tattoo Magazine Mooted By Delivery, by Matthew Clarke
- Two Albuquerque Jailers Indicted for Killing Prisoner, by Matthew Clarke
- Attorney Fees Awarded Against CoreCivic After Defamation Suit Dismissed, by David Reutter
- Tenth Circuit Rejects Government’s Appeal Over Recorded Attorney Calls and Visits at Private Prison in Leavenworth, by Dale Chappell
- Prisoner’s Suicide in Sherburne County Minnesota Jail Results in $2.3 Million Settlement, by Keith Sanders
- $30,001 Jury Verdict Over Discriminatory ICE Notification Policy By Minnesota Jail, by Kevin Bliss
- Massachusetts Supreme Judicial Court Rules on Medical Parole Despite Death of Prisoners Who Sought Judicial Review, by Matthew Clarke
- News in Brief
More from Matthew Clarke:
- Federal Court Grants HRDC Preliminary Injunction Against Mail Censorship at New Mexico Jail, May 1, 2026
- Faced with Record-Breaking Jail Deaths, L.A. County Supervisors Tell Sheriff’s Department to Improve Access to Naloxone, Camera Monitoring, and Security Checks at California Jail, May 1, 2026
- Federal Court Places Medical Care in Arizona Prisons Under Receivership, May 1, 2026
- 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
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026
- In Texas, Harris County Commissioners Approve $1.2 Million for Fourth Study of Jail Since 2020 After Dozens of Abuse Allegations, April 1, 2026
- Texas Attorney General Clarifies Scope of Statute Requiring Outside Agency Investigation of Jail Deaths, April 1, 2026
- D.C. Judge Blocks Transfer of Biden-Commuted Federal Death Row Prisoners to “Supermax,” Citing Lack of Meaningful Due Process, April 1, 2026
- Eighth Circuit Revives Lawsuit Over Iowa Jail Detainee’s Suicide, April 1, 2026
- Groundbreaking Statistical Study of Pregnant Texas Jail Detainees Finds Over 400 Monthly, April 1, 2026
More from these topics:
- New York Juvenile Detention Officials Sued for Abusing Adolescents with Solitary Confinement, May 1, 2026. Sanitation, Lockdowns, Control Units/SHU/Solitary Confinement, Juvenile Prisons, Confinement in Segregated Housing.
- Idaho DOC Director Denies Verified Report of Rampant Sexual Abuse of Women Prisoners by Staff, May 1, 2026. Staff-Prisoner Assault, Guard Misconduct, DOC/BOP misconduct, Retaliatory Segregation, Prison Rape Elimination Act.
- Class Certification Granted to Suit Challenging Suspension of HALT Act in New York Prisons, April 1, 2026. Injunctions, Class Certification, Control Units/SHU/Solitary Confinement, Guard Unions, Administrative Detention/Segregation.
- D.C. Judge Blocks Transfer of Biden-Commuted Federal Death Row Prisoners to “Supermax,” Citing Lack of Meaningful Due Process, April 1, 2026. Transfers, Control Units/SHU/Solitary Confinement, Fifth Amendment, Bureau of Prisons (BOP), Prison Classification.
- New York City Mayor Appoints Ex-Rikers Prisoner as Corrections Commissioner, March 1, 2026. Prison Reform, Staffing, Control Units/SHU/Solitary Confinement, Guard Unions, Administrative Detention/Segregation.
- Missouri Prisoners Forced to Shovel Snow in Subzero Temperatures, Feb. 1, 2026. Retaliatory Segregation, Prison Labor, Work Conditions/Safety, Exposure to Cold, Administrative Detention/Segregation.
- After Exposing Prison Horrors, Incarcerated Whistleblowers Are Moved to Solitary, Feb. 1, 2026. Whistleblowing, Retaliatory Segregation, Work Strikes, Totality of Conditions, Control Units/SHU/Solitary Confinement.
- $404,000 Verdict for Ohio Prisoner Brutalized by Trio of Guards, Kept in Solitary for Two Years, Jan. 1, 2026. Retaliation for Filing Grievances, Retaliatory Segregation, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Control Units/SHU/Solitary Confinement.
- $4,652 for Jewish Nevada Prisoner Denied Passover Meal, Jan. 1, 2026. Religious Discrimination, Food, Settlements, First Amendment, rights, Dismissal.
- U.S. District Court in Arizona Grants Summary Judgment in Favor of Prisoner Denial of Forms for Challenging 455 Days of Solitary, Jan. 1, 2026. Totality of Conditions, Administrative Exhaustion (PLRA), Control Units/SHU/Solitary Confinement, Chemical Spraying of Mentally Ill Inmates, Deliberate Indifference.

