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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 …
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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
- From the Editor, by Paul Wright
- New BOP Director Clears Up First Step Act Implementation, by Benjamin Tschirhart
- 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 Anthony Accurso, David Reutter
- $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
- Florida Jailers Leave Detainees Out of Evacuation Plans During Hurricane, by David Reutter
- Ninth Circuit Revives Failure-to-Protect Claim of Arizona Prisoner Beaten by Gang, by David Reutter
- Ninth Circuit Says California Felons Can Fight Fires While Imprisoned, But Not After, by Benjamin Tschirhart
- Arizona DOC Accused of Cheating Both Guards and Prisoners Out of Hourly Wages, by Keith Sanders
- 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
- Arizona Resumes Executions, by Eike Blohm, MD, Chuck Sharman
- Student Loan Debt and Prisoners, by Edward Lyon
- After Federal Judge Censors Lawyer’s Tweets About CoreCivic, Company Settles Suit Over Tennessee Prisoner’s Murder by Cellmate, by Harold Hempstead
- New Report Estimates U.S. Prisons Hold Nearly 50,000 People in Solitary Confinement, by Jennifer Taylor
- Virginia Supreme Court Upholds Derivative Sovereign Immunity for Jail Physician, by Matthew Clarke
- Fourth Circuit Says Three-Strikes Federal Prisoner’s Imminent Danger Claim Must Be Evaluated on ‘Totality of Circumstances’, by Benjamin Tschirhart
- Nevada Federal Court Says Prisoner’s § 1983 Suit Should’ve Been a Habeas Petition, But Returns Filing Fee, by David Reutter
- Fifth Circuit: No Qualified Immunity for Mississippi Sheriffs in Suit Over Mentally Ill Man’s Years-long Unlawful Detention, by Matthew Clarke
- Georgia Jails Faulted in Struggle With High COVID-19 Infection Rates, by Kevin Bliss
- PLN Contributor’s Retaliation Suit Against Oregon Prison Officials Survives, by Jacob Barrett
- Seventh Circuit Trims What Indiana Prisoner Owes Jail Doctor in Lost Lawsuit, by David Reutter
- Prisoner Health Update: Hepatitis C, by Eike Blohm, MD
- Under New Mississippi Law, State Chooses Execution Method, by David Reutter
- 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:
- Federal Court Grants HRDC Preliminary Injunction Against Mail Censorship at New Mexico Jail, May 1, 2026
- Faced with Record-Breaking Jail Deaths, L.A. County Supervisors Tell Sheriff’s Department to Improve Access to Naloxone, Camera Monitoring, and Security Checks at California Jail, May 1, 2026
- Federal Court Places Medical Care in Arizona Prisons Under Receivership, May 1, 2026
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026
- In Texas, Harris County Commissioners Approve $1.2 Million for Fourth Study of Jail Since 2020 After Dozens of Abuse Allegations, April 1, 2026
- Texas Attorney General Clarifies Scope of Statute Requiring Outside Agency Investigation of Jail Deaths, April 1, 2026
- D.C. Judge Blocks Transfer of Biden-Commuted Federal Death Row Prisoners to “Supermax,” Citing Lack of Meaningful Due Process, April 1, 2026
- Eighth Circuit Revives Lawsuit Over Iowa Jail Detainee’s Suicide, April 1, 2026
- Groundbreaking Statistical Study of Pregnant Texas Jail Detainees Finds Over 400 Monthly, April 1, 2026
More from these topics:
- Almost $1 Million in Settlements Paid to Three Nevada Prisoners, April 1, 2026. Cancer, Failure to Treat, Overdetention, Deliberate Indifference.
- $1.5 Million Class-Action Settlement Reached in Texas Jail Over-Detention Case, April 1, 2026. Overdetention, 42 U.S. Code § 1983, civil action for deprivation of rights, Unlawful Detention, Monell Liability, Class Actions.
- Fourth Circuit Revives Deliberate Indifference Claim for Baltimore Detainee Served Rotten Food, March 1, 2026. Food, Denial of Religious Services, Immunity - Absolute and Qualified, Deliberate Indifference.
- Colorado Lawmakers Approve Prison Bed Funding, Despite DOC Understaffing, March 1, 2026. Overcrowding, Staffing, Parole, Overdetention, Reduction of Prison Population.
- Shadow Prisons: How Civil Commitment Leads to Longer Confinement, Jan. 1, 2026. Sex Offender Treatment, Involuntary Treatment/Drugging, Civil Commitment, Sexually Dangerous Persons/Sexual Violent Predators, Sex Offense Registration Act (SORNA).
- Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take, Jan. 1, 2026. Habeas Corpus, Overdetention, Effect of Vacatur, Credits, Concurrent and Consecutive Sentences.
- First Circuit Greenlights Rhode Island Prisoner’s Damages Suit for Disastrous 450-Day Solitary Confinement, Dec. 1, 2025. Eighth Amendment, Control Units/SHU/Solitary Confinement, 42 U.S. Code § 1983, civil action for deprivation of rights, Immunity - Absolute and Qualified, Deliberate Indifference.
- DOJ Leaves Louisiana Over-Detention Suit on Life Support, Two Others Granted Class-Action Status, Dec. 1, 2025. Class Certification, Habeas Corpus, Overdetention, Fourteenth Amendment, rights, Unlawful Detention.
- Dying Mississippi Prisoner Wins Preservation Testimony in Suit Blaming Terminal Cancer on Exposure to Janitorial Chemicals, Nov. 1, 2025. Wexford Health Services, Work Conditions/Safety, Toxic Fumes/Chemicals, Depositions, Immunity - Absolute and Qualified.
- Seventh Circuit Rules Against Prisoner’s Deliberate Indifference Claim Over Wexford Health’s Poor Psychiatric Care, Nov. 1, 2025. Wexford Health Services, Control Units/SHU/Solitary Confinement, Involuntary Treatment/Drugging, Cruel and Unusual Punishment, Deliberate Indifference.

