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Ninth Circuit: Error to Instruct Jury to Defer to Medical Staff’s Asserted Security Justification for Terminating California Prisoner’s Morphine Prescription Without Tapering
Loaded on May 1, 2022
by Matthew Clarke
published in Prison Legal News
May, 2022, page 56
Filed under:
Drug/Alcohol Withdrawal,
Failure to Treat,
Medical Neglect/Malpractice.
Location:
California.
by Matt Clarke
On September 15, 2021, the U.S. Court of Appeals for the Ninth Circuit ruled that a federal district court in California erred when it instructed the jury in a prisoner’s civil rights trial to defer to prison medical staff’s “security justification” for stopping his morphine …
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More from this issue:
- PrimeCare: Less Medical Care for Prisoners, Higher Expenses for Taxpayers, More Profits for Corporate Owner, by Matthew Clarke
- Vermont Supreme Court: Removing Prisoner From Programming Is Reviewable When Catalyst Was Punitive
- From the Editor, by Paul Wright
- $11 Million Settlement Reached in Tennessee Suit Alleging False Arrest and False Imprisonment of Minors, by Edward Lyon
- Nine Deaths in Three Years at CoreCivic Jail in Florida, None From COVID-19
- $5.5 Million Settlement to California Prisoner Left Incapacitated After Suicide Attempt at Santa Cruz County Jail, by Edward Lyon
- Pittsburgh Jail Records 13 Deaths in Two Years, Only One From COVID-19, by Jo Ellen Nott
- California Federal Court Approves Consent Decree Upgrading Mental Health Care at Alameda County Jail, by David Reutter
- Trapped in The Floods: With Floodwaters Rising, Prisoners Wait for Help in Floating Feces, by Alleen Brown
- Fifth BOP Staffer Arrested in “Rape Club” at California Federal Prison, by Jo Ellen Nott
- Eighth Circuit Rules Pretrial Detainees and Prisoners Have Right to Visit Family Members
- Tenth Circuit Says Parolee May Not be Forced to Participate in Religious Program Under Threat of Jail, by David Reutter
- $8.5 Million Paid by Pennsylvania DOC for Death of Asthmatic Prisoner Improperly Pepper-Sprayed, by Matthew Clarke
- Investigation Finds Hundreds of Unreported Deaths in Tennessee Prisons and Jails, by Harold Hempstead
- $260,000 in Attorney Fees Awarded by California Federal Court after Finding Governing State Law Not Impacted by PLRA, by David Reutter
- Multiple Florida DOC Guards Convicted of Assault, Smuggling and Child Sex Abuse, by Jo Ellen Nott
- Hawaii Supreme Court Orders New Parole Hearing for Prisoner Held Since 1979, by Douglas Ankney
- $2.2 Million Settlement Over Transgender Georgia Prisoner’s Suicide Is Largest in State DOC History, by Matthew Clarke
- Eleventh Circuit Says Georgia Prisoner Failed to Exhaust Remedies by Filing Late Grievance to Ask for Investigation that Was Already Underway, by David Reutter
- Nevada Federal Court Denies Motion to Compel Arbitration by Rapid Financial Solutions in Debit Card Suit, by David Reutter
- $6,500 Paid by Nevada DOC After Ninth Circuit Affirms Denial of Qualified Immunity for Withholding Evidence From Prisoner Accused of Smuggling Meth in Mail, by David Reutter
- Ecuador’s Prison System in Catastrophic Crisis, by Edward Lyon
- What to Know about Using Pell Grants to Take College Classes in Prison, by Richard Hahn
- $725,000 Settlement Reached in North Carolina Prisoner’s Suicide at Troubled Jail, by Keith Sanders
- $316,673 Settlement in New Mexico Prisoner’s Lawsuit Over Stabbing at GEO-Operated Private Prison, by Matthew Clarke
- Guard Arrested for Running “Fight Club” in New Jersey Prison Kitchen, by Ashleigh Dye, Jayson Hawkins
- Tenth Circuit Says Disabled Colorado Prisoner Offered Diapers Rather Than Bathroom Pass May Deserve Damages Under ADA, by David Reutter
- Sweetheart Deal Nets GEO Group $15 Million Payout from ICE for Haitian Deportation Flights, by Ashleigh Dye
- Ninth Circuit Says Nevada DOC Not Micromanaged by Requirement to Treat Prisoner’s Severe Mental Illness; Upholds Preliminary Injunction, by Matthew Clarke
- Con Who Conned Cons is Sentenced to Federal Prison
- Absenteeism Skyrockets for New York City Jail Guards, Up 215% Over the Last Two Years, by Jo Ellen Nott
- DOJ Reaches Settlement Over Disability Access With Vermont Prison System, by Jacob Barrett
- Ninth Circuit: Error to Instruct Jury to Defer to Medical Staff’s Asserted Security Justification for Terminating California Prisoner’s Morphine Prescription Without Tapering, by Matthew Clarke
- Preliminary Injunction Granted to Illinois Prisoner to Receive Non-Allergenic Kosher Meals, by David Reutter
- Connecticut Supreme Court Rules That Prisoner Was Denied Due Process with Sex Offender Classification, by Harold Hempstead
- Lifting Six-Year Moratorium, Oklahoma Treats Witnesses to Convulsing and Vomiting Prisoner During Execution, by Keith Sanders
- Washington State Supreme Court Holds that Denying Wheelchair-Bound Prisoner Access to Water and Toilet Facilities Violates State Constitution, by Douglas Ankney
- News in Brief
- HRDC Sues New Hampshire Jail over Publications Banned under No-Hard-Copy Mail Policy, by Sam Rutherford
- HRDC Sues Nebraska Department of Correctional Services for Banning its Books, by Sam Rutherford
More from Matthew Clarke:
- Eleventh Circuit Reinstates Alabama Prisoner’s Excessive Prison Violence Claim, Oct. 1, 2026
- Eleventh Circuit Upholds Most of Relief Ordered in Class-Action Lawsuit Challenging Unconstitutionally Inadequate Mental Health Care in Alabama Prisons, Oct. 1, 2026
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026
- Federal Court Orders Texas to Admit Incompetent Jailed Defendants to Mental Health Facilities Within 21 Days, Oct. 1, 2026
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026
- New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026
- DOJ Issues Memorandum Over BOP Employees Abusing Their Law Enforcement Credentials to Illegally Purchase Personal Firearms, Aug. 1, 2026
More from these topics:
- BOP Prisoner’s Claim Over Denied Medical Care Ruled Impermissible Bivens Extension, Oct. 1, 2026. OB/GYN, Failure to Treat, Administrative Exhaustion (PLRA), Grievances, Adequacy of Remedy.
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026. Failure to Treat, Infections, Qualified Immunity, Fourteenth Amendment, rights, Deliberate Indifference.
- Federal Jury Returns $763,000 Verdict Against Centurion for Indiana Prisoner’s Denied Kidney Disease Treatment, Oct. 1, 2026. Centurion, Medication, Pain, Failure to Treat, Deliberate Indifference.
- Sixth Circuit: Qualified Immunity Granted to Guard in Delayed Treatment for Prisoner who Suffered Heart Attack, Oct. 1, 2026. Pain, Cardiovascular, Failure to Treat, Qualified Immunity, Deliberate Indifference.
- Last of Three Oklahoma Jail Death Settlements Totaling $66.5 Million Paid for Fatal Dehydration of “Cookie Queen”, Oct. 1, 2026. Diabetes, Settlements, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- Disabled Prisoners in New York Aren’t Receiving Entitled Accommodations, Oct. 1, 2026. Disabled Prisoners, Retaliation for Filing Grievances, Failure to Treat, Americans with Disabilities Act.
- $3.75 Million Paid by Wisconsin After Mentally Ill Prisoner Dies of Dehydration, Oct. 1, 2026. Water, Settlements, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- $250,000 Paid by Nevada to Former Prisoner Denied Colonoscopy Who Developed Stage IV Cancer, Oct. 1, 2026. Systemic Medical Neglect, Cancer, Failure to Treat, Settlements, Deliberate Indifference.
- “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.
- BOP Denies Providing Substandard Dialysis Treatment Despite Prisoners’ Deaths, Court Filings, Understaffing and Lack of Oversight, Sept. 1, 2026. Systemic Medical Neglect, Private Contractors, Failure to Treat, Staffing, Inadequate Health Care Facilities.

