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Ninth Circuit Continues Trend of Reversing Injunctive Relief Protecting Prisoners From COVID-19
by Douglas Ankney
On October 20, 2021, the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s injunction ordering system-wide relief to protect detainees held for federal Immigration and Customs Enforcement (ICE) from COVID-19. In so doing the Court continued a trend of reversing protective …
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More from this issue:
- Living and Dying on Rikers Island: The Latest Installment, by Kevin Bliss
- From the Editor, by Paul Wright
- Omicron Has Arrived. Many Prisons and Jails Are Not Ready., by Beth Schwartzapfel, Keri Blakinger
- The Good, the Bad and the Ugly of the Omicron Winter, by Jo Ellen Nott
- Suit by HRDC Alleging GTL and Securus Violated Sherman Anti-Trust Act Survives Motion to Dismiss, by Douglas Ankney
- Long-Time PLN Contributor Released from Solitary Stint in Oregon for ‘Contraband’ Toy Phone, by Jacob Barrett
- $90,000 Paid by Illinois County to Prisoner Tasered by Two Guards He Wasn’t Resisting, by David Reutter
- Inmate Magazine Service Settlement Prohibits Further Sale of Magazine Subscriptions, Orders Payment of $2.2 Million for ‘Consumer Redress’
- Sixth Circuit Denies Qualified Immunity for Failure to Protect Michigan Prisoner from Unsafe Working Conditions, by David Reutter
- HRDC Appeals Denial of Public Records Request for Documentation of Secret Settlement in Maine Jail Prisoner’s Excessive Force Lawsuit, by Matthew Clarke
- $10,000 Awarded by Nevada Federal Court to Prisoner Assaulted by Former State Prison Guard, by Matthew Clarke
- Prison Employee Union Fighting to Stop Closure of San Diego Federal Detention Center, by Keith Sanders
- Lawsuit Over Winter Power Outage at Brooklyn’s Troubled Federal Detention Center Granted Class Certification, by Kevin Bliss
- Another Death by Taser in Sangamon County, Illinois Jail, by Jayson Hawkins
- Activists Play Whack-a-Mole Closing ICE Detention Centers, by David Reutter
- North Carolina Renames Prisons Whose Names Honored Enslavers, by Matthew Clarke
- Investigations Into the Deaths of Several Prisoners and Two Guards Reveal Rampant Corruption, Cover-ups in California Prison, by Keith Sanders
- $900,000 Settlement in Class Action Lawsuit Alleging Securus Recorded California Prisoner-Attorney Calls, by David Reutter
- Settlement for New Jersey Special Needs Prisoner Students Includes Damages, Fees and Education, by Edward Lyon
- $7,500 Settlement for Pennsylvania Prisoner Assaulted by Guards And Denied Medical Care
- White Supremacist Groups Continue to Infest Florida DOC
- $1 Million Default Judgement for Michigan Jail Prisoner Against Health Care Provider in Sexual Assault, by Mark Wilson
- Transgender Women in Illinois DOC Secure Injunction with Special Monitor, by Casey Bastian
- Seven Prisoners Died in 2021, One by Homicide, at Virginia’s Only Private Prison
- ‘They Know No Bounds’: Suffolk County New York Prosecutors Sent to Prison, by Edward Lyon
- Tennessee CoreCivic Prison Guard Indicted for Beating Unresisting Prisoner, Attempting Cover-up, by Harold Hempstead
- Eighth Circuit Rules Guard’s History of Excessive Force too Prejudicial or a Jury to Hear in Prisoner’s Excessive-Force Case, by Jacob Barrett, Matthew Clarke
- New York Jail Required to Provide Methadone to Detainee for Addiction Treatment
- Fifth Circuit Holds Private Immigration Detention Facilities Are Subject to Trafficking Victims Protection Act’s Prohibition Against Coerced Labor, by Matthew Clarke
- Seventh Circuit: No Case for Loss of Eye from Medical Neglect Because of Lack of Expert Testimony, by Jacob Barrett
- Fifth Circuit Says Federal Habeas Action May Not Be Used to Challenge Conditions of Confinement Related to COVID-19, by Matthew Clarke
- Ninth Circuit Continues Trend of Reversing Injunctive Relief Protecting Prisoners From COVID-19, by Douglas Ankney
- Judge Sentences Boss of ‘Horrific’ Cuyahoga Ohio Jail to Prison, by Edward Lyon
- After Second Circuit Rules in His Favor, Connecticut Prisoner Required to Exercise in Full Restraints for Six Months Takes $100,000 Settlement, by Matthew Clarke
- Qualified Immunity Granted in Suit Challenging Policy of “Checking-In” on Nevada Prisoner’s Legal Calls, by David Reutter
- Seventh Circuit Grudgingly Affirms Summary Judgment in Illinois’ Prisoner’s Suicide Lawsuit, by Dale Chappell
- Fourth Circuit Grants Qualified Immunity to Prison Official Who Gave Prisoner No Notice Before Hearing That Resulted in Transfer to Security Detention, by David Reutter
- California Appeals Court Reverses Dismissal of Charges Against Prisoners Charged in Pelican Bay Riot, by David Reutter
- ‘Disconnect’ Between Illinois Prisoner’s Grievance and Complaint Results In Failure to Exhaust, by Jacob Barrett
- Fifth Circuit Reinstates Federal Prisoner’s Tort Claim Against BOP Officials, by Keith Sanders
- $4,000 Federal Bench Verdict to Kentucky Prisoner Assaulted by Guard While Restrained
- News in Brief
More from Douglas Ankney:
- Second Circuit Vacates Above-Guidelines Firearm-Trafficking Sentence Based on Failure to Assist Law Enforcement and Unexplained Reliance on Factors Already Included in Guidelines Range, Sept. 1, 2026
- Ninth Circuit Reverses Convictions, Holding Requirement That Defendant Testify Before Displaying Hand Tattoos Violates Fifth Amendment, Sept. 1, 2026
- Ohio Supreme Court Announces Postconviction DNA-Testing Orders Need Only Identify Statutory Reason to Satisfy R.C. 2953.73(D) “Reasons” Requirement, Sept. 1, 2026
- Idaho Legislature Moves to Hide Execution Protocol from Judicial Scrutiny, Sept. 1, 2026
- New Jersey Court Rules That Denial of Transgender Prisoner’s Transfer Request Violates Neither Discrimination Law nor Equal Protection Clause, Sept. 1, 2026
- Federal Court Upholds Consultants’ Finding that Oklahoma Is Not Honoring Its Consent Decree to Provide Mental Health Treatment, Sept. 1, 2026
- BOP Denies Providing Substandard Dialysis Treatment Despite Prisoners’ Deaths, Court Filings, Understaffing and Lack of Oversight, Sept. 1, 2026
- New Jersey Supreme Court Orders Plenary Hearing Before Special Adjudicator on Reliability of Fingerprint Evidence, Holding Century of Judicial Acceptance Did Not Satisfy Trial Court’s Gatekeeping Obligation Under N.J.R.E. 702, Aug. 1, 2026
- En Banc Eleventh Circuit Announces All Parents, Including Those Convicted of Child-Sex Offenses, Enjoy Fundamental Right to Live With Their Children, Holding Alabama Residency Prohibition Subject to Strict Scrutiny, Aug. 1, 2026
- Seventh Circuit Announces Courts May Examine Individual Officer’s Subjective Purpose When Assessing Whether Warrantless Administrative Inspection Was Pretextual, Holding Suppression Required Where Trooper’s Sole Motive for Stop Was Criminal Investigati, Aug. 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.
- HRDC Wins Injunction Against Minnesota DOC Policy Banning Its Publications, Sept. 1, 2026. Injunctions, Publications/Books, Censorship, First Amendment, rights, HRDC Litigation.
- Court Shuts Down Arizona Attempt to Fill Medical Staff Vacancies with Under-Qualified Providers, Sept. 1, 2026. Systemic Medical Neglect, Staffing, Injunctions, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness).
- Federal Court Issues Preliminary Injunction Barring Enforcement of Executive Order to Transfer Trans Women Prisoners to Men’s Prisons, Aug. 1, 2026. Transfers, Injunctions, Discrimination (Transgender), Failure to Protect (Transgender).
- Oregon Reaches $49 Million Settlement with State Prisoners in COVID-19 Class-Action, Aug. 1, 2026. COVID-19, Eighth Amendment, Settlements, Class Certification, Qualified Immunity.
- ICE Stops Reporting Deaths of Recently Released Detainees, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Immigration Law/Offenses, Civil Rights Actions or Offenses/Bivens Actions.
- HRDC Wins Injunction to Halt New Mexico Prison Censorship, July 1, 2026. Injunctions, Publications/Books, Censorship, First Amendment, rights, HRDC Litigation.
- Environmental Groups Say the Fight to Shut Down “Alligator Alcatraz” Isn’t Over, July 1, 2026. Environmental Law, Injunctions, National Environmental Policy Act, Immigration Detention.
- Colorado Ordered to Stop Tossing Prisoners in Solitary for Refusing to Work, July 1, 2026. Prison Labor, Injunctions, Good Time, Constitution, state, Administrative Detention/Segregation.
- Arizona Lawmakers Refuse to Fully Fund Prison Healthcare Staffing Ordered by Federal Court, July 1, 2026. Systemic Medical Neglect, Staffing, Injunctions, Contempt (Civil Procedure).

