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Fifth Circuit: No Qualified Immunity for Mississippi Sheriffs in Suit Over Mentally Ill Man’s Years-long Unlawful Detention
Loaded on Feb. 1, 2023
by Matthew Clarke
published in Prison Legal News
February, 2023, page 46
Filed under:
Overdetention,
Involuntary Treatment/Drugging,
Immunity - Absolute and Qualified.
Location:
Mississippi.
by Matt Clarke
On August 24, 2022, the U.S. Court of Appeals for the Fifth Circuit upheld a district court’s denial of qualified immunity (QI) to the current and former sheriffs of Clay County, Mississippi, in a suit seeking to hold them liable for detaining a mentally ill man in ...
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More from this issue:
- Convictions at Any Cost: DOJ Report Slams Three Decades of Snitches and Due Process Violations in California’s Orange County, by Benjamin Tschirhart
- New BOP Director Clears Up First Step Act Implementation, by Benjamin Tschirhart
- From the Editor, by Paul Wright
- Incarcerated People Have Few Ways to Fight Back Against Censorship in Prisons, by Tamar Sarai
- Burning Tires Left Louisiana Prisoners With Migraines, Breathing Problems, and Minimal Medical Care As black smoke poured out of a burning tire dump in Louisiana, people inside the prison next door struggled to keep the fumes out., by Alleen Brown
- Ninth Circuit Says Statements Relayed at Criminal Trial By Nurse and Doctor Are Admissible, Not Hearsay, by David Reutter
- $959,000 Paid by Pennsylvania County in Deaths of Two Detainees, Plus at Least $750,000 from PrimeCare, by Ashleigh Dye
- Fourth Circuit Reinstates Virginia Prisoner’s Spoliation Motion for Lost Video of His Alleged Assault by Guards, by David Reutter
- Federal Judge in Pennsylvania Rules BOP Must Honor Transgender Prisoner’s Legal Name Change, by Casey Bastian
- Tenth Circuit Says Prison Work Assignment Covered Under ADA Protections, by Kevin Bliss
- Seventh Circuit: Indiana Prisoner Who Failed to Formalize Grievance Also Failed to Exhaust Remedies, by David Reutter
- Investigation Reveals “Black Market in Broad Daylight” for Prison Food, by Benjamin Tschirhart
- Record Deaths at Rikers Island Blamed on Guards’ Absenteeism, Abuse and Corruption, by David Reutter, Anthony Accurso
- $20,000 Paid by Centurion and MHM Health Professionals to Arizona Prisoner for Alleged Deliberate Indifference and Medical Negligence, by Jacob Barrett
- Third Circuit Strips Qualified Immunity From Delaware Guards Who Held Mentally Ill Prisoner in Solitary for Seven Months, by David Reutter
- Too Many Alabama Prisoners Still Dying with Too-Few Guards, Many Corrupt, by Jo Ellen Nott
- Former Tennessee Police Chief Sentenced to Six Years for Abusing Arrestees, by Kevin Bliss
- Ninth Circuit Revives Failure-to-Protect Claim of Arizona Prisoner Beaten by Gang, by David Reutter
- Florida Jailers Leave Detainees Out of Evacuation Plans During Hurricane, by David Reutter
- Arizona DOC Accused of Cheating Both Guards and Prisoners Out of Hourly Wages, by Keith Sanders
- Ninth Circuit Says California Felons Can Fight Fires While Imprisoned, But Not After, by Benjamin Tschirhart
- Fourth Circuit Says Prisoners with Gender Dysphoria not Excluded from ADA Protection, by Harold Hempstead
- Former Texas Prisoner Wins 12-Year Fight for Justice, by Kevin Bliss
- Student Loan Debt and Prisoners, by Edward Lyon
- Arizona Resumes Executions, by Chuck Sharman, Eike Blohm, MD
- New Report Estimates U.S. Prisons Hold Nearly 50,000 People in Solitary Confinement, by Jennifer Taylor
- After Federal Judge Censors Lawyer’s Tweets About CoreCivic, Company Settles Suit Over Tennessee Prisoner’s Murder by Cellmate, by Harold Hempstead
- Fourth Circuit Says Three-Strikes Federal Prisoner’s Imminent Danger Claim Must Be Evaluated on ‘Totality of Circumstances’, by Benjamin Tschirhart
- Virginia Supreme Court Upholds Derivative Sovereign Immunity for Jail Physician, by Matthew Clarke
- Fifth Circuit: No Qualified Immunity for Mississippi Sheriffs in Suit Over Mentally Ill Man’s Years-long Unlawful Detention, by Matthew Clarke
- Nevada Federal Court Says Prisoner’s § 1983 Suit Should’ve Been a Habeas Petition, But Returns Filing Fee, by David Reutter
- PLN Contributor’s Retaliation Suit Against Oregon Prison Officials Survives, by Jacob Barrett
- Georgia Jails Faulted in Struggle With High COVID-19 Infection Rates, by Kevin Bliss
- Seventh Circuit Trims What Indiana Prisoner Owes Jail Doctor in Lost Lawsuit, by David Reutter
- Under New Mississippi Law, State Chooses Execution Method, by David Reutter
- Prisoner Health Update: Hepatitis C, by Eike Blohm, MD
- Florida Makes Parolees Criminally Liable for Accidental Voter Registration Fraud, by David Reutter
- Award Slashed for Delaware Prisoner Sexually Groped by Guard, by Kevin Bliss
- Oklahoma Jail Guard Gets 46 Months for Setting Up White Supremacist Attack on Black Detainees, by David Reutter
- Federal Judge Refuses to Shorten Corruption Sentence for Former Head of New York City Jail Guards’ Union, by Matthew Clarke
- DOJ Releases Special Report on U.S. Prison COVID-19 Response, by Eike Blohm, MD
- Former Judges in Pennsylvania ‘Kids for Cash’ Scandal Must Pay $206 Million in Damages, by Ashleigh Dye
- $60,000 Paid by Pennsylvania County to Jail Detainee Savagely Beaten by Cellmate While Guards Allegedly Ignored Cries for Help, by Benjamin Tschirhart
- $300,000 Paid by Colorado to Prisoner Sexually Harassed by Guard with Foot Fetish, by Harold Hempstead
- $98,000 Paid by BOP to Immigrant Detainees Racially Profiled as Terrorists in New York City Lockup, by Kevin Bliss
- $480,000 Paid by California County to Detainee Whose Newborn Died After Guards Stopped at Starbucks en Route to Hospital, by Ashleigh Dye
- Former BOP Warden Convicted of Sexually Abusing Prisoners in California ‘Rape Club’ Scandal, by Kevin Bliss
- Fifth Circuit Denies Qualified Immunity to Mississippi Cops Who Let Injured Hemophiliac Bleed Out in Jail, by Matthew Clarke
- News in Brief
More from Matthew Clarke:
- 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
- Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges, Feb. 15, 2025
- Among World Nations, Individual U.S. States Near Top of List for Per Capita Incarceration, Feb. 15, 2025
- DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees, Feb. 15, 2025
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025
- Historic $7 Million Settlement in Lawsuit Over Michigan Jail Prisoner’s Fatal Beating, Feb. 15, 2025
- Suits Filed Over Dehydration Deaths at Two Texas Jails, Jan. 15, 2025
More from these topics:
- Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges, Feb. 15, 2025. Overdetention, Search and Seizure, Pending Appeal/Sentencing, Dismissal.
- Fifth Circuit Leaves Louisiana Prisoner Waiting for Reinstated Parole, Jan. 15, 2025. Parole, Overdetention, Victim's Rights to Enforce Collection.
- Eighth Circuit Affirms Denial of Qualified Immunity to Missouri Guards in Transgender Prisoner’s Suit Alleging Retaliation and Unreasonable Search, Jan. 15, 2025. Guard Misconduct, Retaliatory Searches, Qualified Immunity, Discrimination (Transgender), Immunity - Absolute and Qualified.
- Mentally Incompetent Maine Defendants Sent to South Carolina Wellpath Lockup Called “Essentially Prison”, Jan. 15, 2025. Private Contractors, Bankruptcy, Mental Health, Involuntary Treatment/Drugging.
- Kentucky’s Failure to Timely Release Prisoners Costs Taxpayers $30 Million (So Far), Dec. 15, 2024. Cost of Prison Systems, Overdetention, Post-release, ex-offender, re-entry.
- New York Court of Appeals (Lightly) Slaps State Prison Officials for Holding Sex Offenders Past Release, Dec. 15, 2024. Jail Misconduct, Overdetention, Post-release, ex-offender, re-entry.
- Fifth Circuit Judges Battle in Louisiana Over-Detention Cases, Dec. 15, 2024. U.S. Sentencing Guidelines, Overdetention, Credits.
- Former Virginia Prisoners Win Back Denied Sentence Credits, Sue Over Delayed Release, Nov. 15, 2024. U.S. Sentencing Guidelines, Overdetention, Credits.
- Ninth Circuit: No Qualified Immunity for California Jail Nurse Who Cleared Detainee for Release Just Before His Suicide, Nov. 15, 2024. Failure to Treat, Suicides, Immunity - Absolute and Qualified.
- Third Circuit Affirms Qualified Immunity for Pennsylvania Guards Who Pepper-Sprayed Asthmatic Prisoner, Nov. 15, 2024. Guard Misconduct, Medical Experiments/Exploitation, Pepper Spray/Tear Gas, Qualified Immunity, Guards/Staff, Immunity - Absolute and Qualified.