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Second Circuit Takes Back $20,000 Emotional Damage Award from Former Federal Prisoner in New York
by Ben Tschirhart
On August 16, 2022, the U.S. Court of Appeals for the Second Circuit reversed the verdict of a federal jury, stripping $20,000 in damages awarded to a former federal prisoner in New York for mental and emotional injury suffered during confinement. In its decision, the …
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More from this issue:
- “I Was Scheduled to Die in Solitary Confinement” – and May Soon Be Again, by Mark Wilson
- From the Editor, by Paul Wright
- Detainees Awaiting Psychiatric Beds Suffer Permanent Harm in Jails, by Eike Blohm, MD
- Monterey County Sheriff’s Office Poised for Much-Needed Cleanup, by Kevin Bliss
- Federal Judge Tells BOP Officials They “Are Not Above the Law”, by Casey Bastian
- U.S. Response to Haitian Crisis: Fund More Prisons, by Jayson Hawkins
- California Halted from Re-Integrating “Sensitive Needs” Prisoners Into General Population, by David Reutter
- Circuit Court Orders Hawaii to Release Names of Prisoners Who Die in State’s Jails and Prisons, by Keith Sanders
- Former CoreCivic Guard Pleads Guilty to Deprivation of Tennessee Prisoner’s Rights, by Harold Hempstead
- $1.9 Million Paid by L.A. County for Detainee’s Suicide, by Chuck Sharman
- Sixth Circuit Revives Claim Over Michigan Prisoner’s Fatal Overdose on Allegedly Smuggled Fentanyl, by David Reutter
- Santa Clara County Sheriff Accused of Coverup After $10 Million Payout to Mentally Ill Detainee Who Severely Injured Himself During Jail Transport, by Benjamin Tschirhart
- Polling Stations Inside Jails Combat Voter Disenfranchisement, by Keith Sanders
- New Mexico Supreme Court Rules Both Prisoners and Nonprofit Plaintiffs Subject to Requirement to Exhaust Administrative Remedies, by Jacob Barrett
- Nevada DOC Director Sacked After Prisoner Escape Goes Unnoticed Four Days, by Ashleigh Dye
- Almost $650,000 Paid by Illinois to Prisoner Who Lost Leg to Untreated Diabetes, by Keith Sanders
- $11.75 Million Settlement for Prisoner Beating in Pheonix Jail, by Casey Bastian
- SCOTUS Ruling Forces Ninth Circuit U-Turn on Damages Suit by Federal Prisoner in California “Snitch Jacketed” by Guard, by Kevin Bliss
- BOP Revives Plans for Controversial Prison in Kentucky, by Kevin Bliss
- Second Circuit Takes Back $20,000 Emotional Damage Award from Former Federal Prisoner in New York, by Benjamin Tschirhart
- California Extends Medi-Cal Health Benefits to Prisoners Nearing Release, by Eike Blohm, MD
- Massachusetts Supreme Judicial Court: Jail Detainee’s Urine Not a ‘Noxious or Filthy Substance’, by David Reutter
- Iowa Ombudsman Calls Out DOC For Unfair Prisoner Discipline, by Kevin Bliss
- Virginia DOC Resists Prisoner Fee Cuts, by Ashleigh Dye
- Washington Racks Up More Than $98 Million in Fines for Failure to Timely Hold Competency Hearings, by Jacob Barrett
- Third Circuit Unbothered by Pennsylvania’s Discrimination Against Sex Offenders in Denying Parole to Halfway Houses, by David Reutter
- Indiana Will Now Send Low-Level Felons to Prison Instead of Jail, by Casey Bastian
- Fourth Circuit: Religious Headwear Policy Violated Virginia Prisoner’s Rights, by David Reutter
- A Lesson in Pleading: Utah Jail Suicide Complaint Fails for Alleging Failure to Train Rather than Failure to Provide Care, by David Reutter
- Sixth Circuit Says Ohio Prisoner’s Lack of Tablet Access May Have Prevented Grievance Exhaustion, by David Reutter
- Texas Prison Warden and Brother Charged with Shooting Two Migrants, Killing One, by Ashleigh Dye
- California Makes Calls Free for State Prisoners and Juvenile Detainees, Prohibits Telecom Kickbacks to Prisons and Jails, by Benjamin Tschirhart
- $35,000 Awarded to Federal Prisoner in Kentucky Who Accused Guards of Using Excessive Force, by Benjamin Tschirhart
- Educating Prisoners: New Meta-Analysis Reinforces That It Reduces Recidivism, by Keith Sanders
- $2.375 Million Settlement in Over-Detention Suit at Santa Clara California Jail, by David Reutter
- Montana Supreme Court Grants State Prisoner 604 Days in Sentence Credit, by David Reutter
- En Banc Ninth Circuit Voids Portion of California Law Banning Private Federal Prisons in the State, by Jacob Barrett
- Report Shows How Perverse Financial Incentives Drive Mass Incarceration and Inequity in Criminal Justice System, by Matthew Clarke
- Arizona Prisoner Waits in Excruciating Pain While Incompetent Executioners Fumble, by Eike Blohm, MD
- How the Newest Federal Prison Became One of the Deadliest, by Christie Thompson and Joseph Shapiro
- No More Second Chances for New York Jail Guard Convicted of Smuggling, by Benjamin Tschirhart
- “Ban the Box” Hiring Law Sets National Standard for Federal Contracts, by Keith Sanders
- No Pay for Iowa Prisoners Overdosed With COVID-19 Vaccine, by Benjamin Tschirhart
- Former State Prison Guards in Georgia Sentenced for Prisoner Assaults and Cover-Up, by Jayson Hawkins
- Suspended Colorado Work Release Program Exposes Companies’ Reliance on Low-Wage Labor, by Benjamin Tschirhart
- Seventh Circuit Revives Claim of Wheelchair-Bound Wisconsin Prisoner Denied Access to Handicapped Toilet, by David Reutter
- Seventh Circuit Overturns Class Decertification in Cook County Jail Disability Lawsuit, by David Reutter
- Despite Official Claims, Stopping Mail to Missouri Prisoners Has No Effect on Drug Overdoses, by Benjamin Tschirhart
- Former Georgia Sheriff Gets 18 Months for Punishing Detainees in Restraint Chair, by David Reutter
- $1.2 Million Paid by St. Louis County for Jail Detainee’s Death from Untreated Ulcer, by David Reutter
- Gun Safety Group Defeats Re-Election of “Constitutional Sheriff” in Massachusetts, by Keith Sanders
- Voters in Four States Change Constitution to Ban Prison Slavery, by Keith Sanders
- News in Brief
More from Benjamin Tschirhart:
- Fourth Circuit: South Carolina Prisoner’s Bivens Claim Must Detail Unconstitutional Acts of Each Defendant, April 26, 2024
- Louisiana Sheriffs Repeatedly and Conveniently Destroy Public Records, Dec. 15, 2023
- St. Louis City Jails Director Under Fire, County Jail Director Leaves After Nearly $2.7 Million in Legal Payouts, Nov. 15, 2023
- Condemned Arizona Prisoner Reprieved, Nov. 15, 2023
- Sheep and Sheepdogs: Use and Abuse of Non-Lethal Crowd Control Weapons, Nov. 1, 2023
- New York Jailhouse Lawyer Wins Resentencing, Release, Oct. 15, 2023
- Closed Circuit Cameras: Not the Objective Lenses We’re Told, Oct. 1, 2023
- Former Illinois Guards Sentenced for Prisoner’s Fatal Beating, Aug. 15, 2023
- Police Departments Conspire with Boards to Secretly Install License Plate Cameras Without Consent of Residents, Aug. 1, 2023
- New York City Stops Reporting Rikers Island Deaths Amid Rampant Guard Misconduct, July 15, 2023
More from these topics:
- $3 Million Settlement Reached with BOP for Attorney’s Fees in Sex Abuse Class-Action from Now-Shuttered California “Rape Club”, Aug. 1, 2026. Staff-Prisoner Assault, Attorney Fee Awards, Settlements, Consent Decrees, Class Actions.
- $3.25 Million Paid by Georgia After Prisoner Bakes to Death in Outdoor Recreation Cage, Aug. 1, 2026. Failure to Treat, Exposure to Heat, Settlements, Medical Neglect/Malpractice, Deliberate Indifference.
- 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.
- $6.35 Million Paid for Ohio Jail Detainee’s Spinal Cord Injury Caused by Guard, Aug. 1, 2026. Guard Misconduct, Malpractice, Guard Brutality/Beatings, Settlements, Wrongful Use of Force.
- $112,500 Paid to Former New Mexico Prisoner Denied Public Records of Excessive Force by Guards, June 1, 2026. DOC/BOP misconduct, Guard Brutality/Beatings, Settlements, Public Records Act, False Imprisonment.
- Settlement Reached in Mental Health Care Class-Action at San Diego County Jails, June 1, 2026. Settlements, Failure to Treat (Mental Illness), Class Actions, Administrative Detention/Segregation, Inadequate Health Care Facilities.
- Pepper Spraying Incident Prompts Policy Change at Washington Women’s Prison, June 1, 2026. Guard Misconduct, Pepper Spray/Tear Gas, Settlements, Staff Training, Cruel and Unusual Punishment.
- Arkansas Supreme Court Bows to Governor’s Board of Correction Takeover, June 1, 2026. Government Misconduct, Cost of Prison Systems, Settlements, State Legislation, Authority and Jurisdiction.
- California Pays $15,000 to State Prisoner Who Claimed He Was Targeted by Guards, June 1, 2026. Guard Misconduct, Snitch Jacketing, Failure to Protect (General), Summary Judgment, Settlements.
- ACLU Threatens New Lawsuit After Indiana County’s Repeated Failures to Abide by 17-Year-Old Settlement Agreement, May 1, 2026. Overcrowding, Exercise, Sanitation, Bedding, Settlements.

