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Sixth Circuit Revives Tennessee Detainee’s Suit, Holds Lower Court Not Required to Retain Jurisdiction of State Law Claims After Dismissing Federal Claims
Loaded on June 1, 2022
by Matthew Clarke
published in Prison Legal News
June, 2022, page 58
Filed under:
Appeals/Appellate Jurisdiction,
Dismissal,
Intentional Tort Exception.
Location:
Tennessee.
by Matt Clarke
On September 22, 2021, the U.S. Court of Appeals for the Sixth Circuit extended the life of civil rights claims brought under Tennessee law by a jail detainee whose federal claims were dismissed by the federal court for the Eastern District of Tennessee.
In its ruling, the ...
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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
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- 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
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- 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
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- “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:
- After Spike in Jail Deaths, Riverside County Sheriff’s Department Under California Department of Justice Investigation, Aug. 15, 2024
- $7.5 Million Settlement in Suit Over California Jail Death, Aug. 15, 2024
- Oregon Transgender Prisoner Claims Abusive Violation of Injunction, but Court Declines Sanctions, Aug. 15, 2024
- Kentucky Parole Officer Gets Three Years for Sexually Assaulting Probationers, Aug. 15, 2024
- Louisiana Supreme Court Finds Prosecution Withheld Favorable Impeachment and Exculpatory Evidence in Violation of Brady, Aug. 1, 2024
- New York Court of Appeals Announces ‘Due Diligence’ Is Applicable Standard for Certificate of Compliance Regarding Discovery Obligations and Trial Readiness, Improper Certificate Is ‘Illusory” and Fails to Toll Speedy Trial Clock, July 15, 2024
- Surveillance Tech Companies Compose Self-Promoting Press Releases for Cops That Media Lazily Regurgitates, July 15, 2024
- UN Human Rights Committee Report: ICE Electronic Data Surveillance Practices Violate Human Rights Law, July 15, 2024
- Federal Watchdog Slams BOP for Sham Accreditations, July 1, 2024
- Seventh Circuit Affirms Dismissal of Retaliation Claim By Federal Prisoner Against Guard in Illinois Lockup Who Saw Grievance Against Him, July 1, 2024
More from these topics:
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- Intellectually Disabled Georgia Prisoner Executed After SCOTUS Denies Appeal, Aug. 15, 2024. Disabled Prisoners, Death Penalty, Appeals/Appellate Jurisdiction.
- California Court of Appeal Announces Rulings on Three Issues of First Impression Involving Certificate of Appealability and Habeas Petition, July 15, 2024. Habeas Corpus, Appeals/Appellate Jurisdiction.
- Changes to Appeals of Pretrial Detention Decisions Prompts Illinois Supreme Court to Adopt Changes to Appellate Rules, June 15, 2024. Appeals/Appellate Jurisdiction, Preservation of Appellate Rights/Issues, Court Rules, Bail/Pretrial Release.
- His Appeal Lost for 28 Years, Texas Prisoner Finally Off Death Row, June 1, 2024. Death Penalty, Failure to Treat (Mental Illness), Appeals/Appellate Jurisdiction.
- Fourth Circuit: South Carolina Prisoner’s Bivens Claim Must Detail Unconstitutional Acts of Each Defendant, April 26, 2024. Complaints, Civil Rights Actions or Offenses/Bivens Actions, Dismissal.
- Ninth Circuit Says Federal Prisoner in California May Have Bivens Claim for Delays in Medical Care Allegedly to Cover Up Assault by BOP Guard, April 1, 2024. Retaliation for Filing Grievances, Failure to Protect (General), Guard Brutality/Beatings, Pepper Spray/Tear Gas, Dismissal, Medical Treatment/Expenses.
- Second Circuit Strips Qualified Immunity from Connecticut Officials Who Ignored Prisoner’s Scalp Lesions, Jan. 1, 2024. Skin, Failure to Treat, Infections, Qualified Immunity, Medical Expenses/Treatment, Dismissal, Deliberate Indifference.
- Seventh Circuit Revives Indiana Prisoner’s Claim Over Dismissed Grievance, Dec. 1, 2023. Grievances, Dismissal.
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