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Fifth Circuit Denies Qualified Immunity to Texas Sheriff Who Rehired Abusive Jailer Who in Turn Again Abused a Detainee
by Matt Clarke
On January 13, 2022, the U.S. Court of Appeals for the Fifth Circuit held that by rehiring a jailer who previously abused detainees at the jail, a Texas sheriff was not entitled to qualified immunity in a new suit brought by another prisoner making abuse allegations against ...
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More from this issue:
- Locked Up and Left to Die, by Sophie Novack,, Michael Barajas
- After 49 Years in Prison for a Murder in Which He Didn’t Pull the Trigger, Former Black Liberation Army Member Sundiata Acoli Wins Parole, by Chuck Sharman
- Fifth Circuit Reinstates Louisiana Prisoner’s Excessive-Force Claim Despite Prison Disciplinary Conviction Issued for the Same Incident, by Matthew Clarke
- From the Editor, by Paul Wright
- Fifth Circuit Reinstates Louisiana Prisoner’s Suit Dismissed on Heck Grounds, Holds Related Disciplinary Convictions Don’t Absolutely Bar Excessive Force Claims, by Matthew Clarke
- Securus Rolls Out “Free” E-tablets to Texas Prisoners, by Edward Lyon
- Oregon Federal Court Issues Groundbreaking, Model COVID-19 Damage Class & Wrongful Death Class Certification, by Mark Wilson
- Eleventh Circuit Says Florida Prisoner Alleging Sexual Assault by Guard Need Not Also Prove Excessive Force and Malicious Intent, by David Reutter
- Washington Pays $3.25 Million for Negligent Medical Care Causing Preventable Prisoner Death, by Mark Wilson
- DOJ Secures Settlement With South Carolina Department of Juvenile Justice at Detention Center Where Staff Hogtied and Bit Kids, by Brooke Kaufman
- Healthcare Audit in Utah Prisons Reveals “Inadequate Service” and “Systemic Deficiencies” After 18 Prisoner Deaths During Pandemic, by Benjamin Tschirhart
- Ninth Circuit Holds California Prison Officials Entitled to Legislative Immunity When Promulgating Rules, by David Reutter
- After Paying $500,000 to Consultant Outed for Corruption Ties, Iowa DOC Accused of Allowing “Corporate Dodge”, by Jacob Barrett
- $12.5 Million Settlement Over Invasive Strip and Body Cavity Searches of NYC Jail Visitors, by Matthew Clarke
- Maine Center for Public Interest Reporting Uncovers Almost 1,000 Privileged Calls Recorded in Four County Jails, Sues York County for Denying Public Records Request, by Keith Sanders
- BOP Prisoners on Extended Home Confinement Not Headed Back to Prison When COVID-19 Emergency Ends, by Casey Bastian
- $500,001 Settlement Against Guard Who Groped Delaware Prisoner With Long History of Lost Cases, by Keith Sanders
- Kansas Appeals Court Vacates Prison Dentist’s Conviction for Sexually Abusing Prisoner, Says Touching Wasn’t “Lewd”, by Mark Wilson
- The Catalog of Carceral Surveillance: Mobile Correctional Facility Robots, by Beryl Lipton, Cooper Quintin
- Washington Pays $3 Million to Murdered Prisoner’s Family After Overriding Single-Cell Recommendation for Violent Cellmate, by Mark Wilson
- $275,000 Settlement Reached After Detainee’s Attempted Suicide at Illinois Jail, by David Reutter
- Settlement Finally Reached in Prisoners’ Hep-C Class-Action Against Connecticut DOC, by Edward Lyon
- Prison Phone Giant GTL Cuts Prices in Miami-Dade Jails, But Only After County Taps COVID-19 Relief Funds to Replace Forfeited Kickbacks, by Ashleigh Dye
- Kentucky Supreme Court Rules ‘Incarceration Fees’ May Not Be Collected After Charges Are Dismissed, by Casey Bastian
- Seventh Circuit Reinstates Suit of Epileptic Illinois Prisoner Who Suffered Seizure and Fell From Top Bunk, by Edward Lyon
- $250,000 Paid to Woman Forced to Give Birth in California Jail Cell by Guards and CFMG Nurses, by Ashleigh Dye
- Sacramento Shooting Stokes Debate Over CDCR Rule Changes on Good Conduct Credit, by Matthew Clarke
- U.S. Prison and Jail Populations Flat or Rising Again After 2020 Decline Spurred by Pandemic, by Matthew Clarke
- Third Circuit Joins Fifth, Tenth and D.C. Circuits in Holding Heck Favorable-Termination Dismissals Are PLRA Strikes, by Mark Wilson
- Sixth Circuit: Michigan DOC’s Years-Long Delay in Access to Religious Services and Items Constitutes Constructive Denial of Religious Exercise, by Jacob Barrett
- Illinois Department of Corrections Cancels Contract with Canteen Provider Keefe, by Kevin Bliss
- Georgia Sheriff Victor Hill Facing Criminal Trial for Using Restraint Chair to Punish Jail Detainees, by David Reutter
- $7,000 Default Judgment Awarded in Failure to Protect Suit Against Former Arkansas Jail Guard, by Harold Hempstead
- Eighth Circuit Holds Pornography Policy Unconstitutional as Applied to South Dakota Prisoner, but Denies Relief, by David Reutter
- Ineffective Mississippi Prison Industries on the Chopping Block After Scathing Report, by Ashleigh Dye
- Federal Suit Challenging Iowa DOC Ban on Nude Images Moves Forward, Defendants Denied Summary Judgement on Due Process Claim, by David Reutter
- Overdoses Skyrocket in Tennessee Prisons During Pandemic Despite Visitation Restrictions, by Edward Lyon
- Third Circuit Reinstates Suit Filed by Transgender Prisoner Assaulted at New Jersey Federal Prison, by Matthew Clarke
- $17.5 Million Paid to Ohio Prisoner Left Quadriplegic After Brutal Attack by Guards, by Harold Hempstead
- New Jersey Sex Offenders Excluded From Programming, Chances for Early Release, by Mario Palomo
- “On-Going Distress and Harm” Persist at FCI Sheridan Months After Court-Ordered Inspection, by Brooke Kaufman
- Sixth Circuit Revives Tennessee Detainee’s Suit, Holds Lower Court Not Required to Retain Jurisdiction of State Law Claims After Dismissing Federal Claims, by Matthew Clarke
- $45,000 Paid by Idaho Jail to Settle Censorship Suit Filed by HRDC, by Jacob Barrett
- Illinois Inspector General Finds Prisoner Labor Used to Benefit DOC Employees, by Casey Bastian
- Fifth Circuit Denies Qualified Immunity to Texas Sheriff Who Rehired Abusive Jailer Who in Turn Again Abused a Detainee, by Matthew Clarke
- $6,500 Settlement After Eleventh Circuit Affirms Denial of Qualified Immunity to Florida Jail Officials Who Repeatedly Opened Detainee’s Legal Mail, by David Reutter
- News in Brief
More from Matthew Clarke:
- Multitudes Caged for Failure to Pay Child Support, Driving Mass Incarceration, May 1, 2025
- Los Angeles County Pays $24 Million to Two Former Prisoners Wrongly Convicted as Teens of 1997 Murder, May 1, 2025
- Federal Watchdog Calls Out BOP for Spiking Suicide Risk at Pennsylvania Lockup, April 1, 2025
- Eighth Circuit: Arkansas Prisoner Who Had Consensual Sex With Guard Cannot Sustain Eighth Amendment Claim, April 1, 2025
- TDCJ to Run Out of Beds in 2025, April 1, 2025
- “Happy Mother’s Day”: $1,353,000 Settlement Approved for Migrant Parents Separated from Minor Kids at Border, March 1, 2025
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025
- Sixth Circuit Upholds $6.4 Million Jury Award Against Corizon Nurses For Michigan Jail Prisoner’s Fatal Alcohol Withdrawal, March 1, 2025
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025
More from these topics:
- 11th Alabama Sheriff’s Employee Pleads Guilty in Jail Detainee’s Death, Admits Stomping Him in Genitals, June 1, 2025. Jail Misconduct, Guard Brutality/Beatings, Failure to Protect (Staff).
- News in Brief, June 1, 2025. Staff-Prisoner Assault, Guard Misconduct, Excessive Force, Guard Brutality/Beatings, Ineffective Assistance of Counsel.
- Connecticut Court Denies Access to Video of Prisoner’s Fatal Beat-Down by Guards, May 1, 2025. Guard Misconduct, Videotaping, Guard Brutality/Beatings.
- New York Prisoner Awarded Almost $280,000 in Retaliation Claim Against Guards, May 1, 2025. Retaliation for Filing Grievances, Guard Brutality/Beatings, Settlements.
- Pittsburgh Lockup Accounts for 43% of Pennsylvania Jail TASER Use, Suit Filed, May 1, 2025. Guard Brutality/Beatings, Stun Guns/Tasers, Prison Litigation Reform Act (PLRA).
- 20 Charged in Nevada Prison Brawl That Left Three Dead, May 1, 2025. Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- Fifth Circuit Denies Qualified Immunity to Louisiana Officials Who Forced Prisoner to Work with Broken Surgical Screws in Ankle, May 1, 2025. Prison Labor, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference, Fair Labor Standards Act (FLSA).
- Kentucky Jail Sued for Detainee’s Death, Prisoner’s Stillborn Child, May 1, 2025. Guard Brutality/Beatings, Medical Neglect/Malpractice, Children of Prisoners, Deliberate Indifference.
- Three More Prisoners Die, Three More Staffers Fired at Wisconsin Prison, April 1, 2025. Guard Misconduct, Guard Brutality/Beatings, Failure to Protect (Wrongful Death).
- “Swing or Kick Rocks”: BOP Guard Alleges Conspiracy to Brutalize Prisoners at Kentucky Lockup, April 1, 2025. Guard Misconduct, Staffing, Guard Brutality/Beatings.