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Virginia Supreme Court Upholds Derivative Sovereign Immunity for Jail Physician

Loaded on Feb. 1, 2023 by Matthew Clarke published in Prison Legal News February, 2023, page 44
Filed under: Medical Misconduct, Immunity - Absolute and Qualified. Location: Virginia.

by Matt Clarke

In an important decision for prisoners and jail detainees in Virginia, the state Supreme Court held on July 7, 2022, that a jail physician was entitled to a derivation of the state’s sovereign immunity. As a result, the Court affirmed dismissal of a lawsuit brought …

 

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  1. Convictions at Any Cost: DOJ Report Slams Three Decades of Snitches and Due Process Violations in California’s Orange County, by Benjamin Tschirhart
  2. From the Editor, by Paul Wright
  3. New BOP Director Clears Up First Step Act Implementation, by Benjamin Tschirhart
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  5. 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
  6. Ninth Circuit Says Statements Relayed at Criminal Trial By Nurse and Doctor Are Admissible, Not Hearsay, by David Reutter
  7. $959,000 Paid by Pennsylvania County in Deaths of Two Detainees, Plus at Least $750,000 from PrimeCare, by Ashleigh Dye
  8. Fourth Circuit Reinstates Virginia Prisoner’s Spoliation Motion for Lost Video of His Alleged Assault by Guards, by David Reutter
  9. Federal Judge in Pennsylvania Rules BOP Must Honor Transgender Prisoner’s Legal Name Change, by Casey Bastian
  10. Tenth Circuit Says Prison Work Assignment Covered Under ADA Protections, by Kevin Bliss
  11. Seventh Circuit: Indiana Prisoner Who Failed to Formalize Grievance Also Failed to Exhaust Remedies, by David Reutter
  12. Investigation Reveals “Black Market in Broad Daylight” for Prison Food, by Benjamin Tschirhart
  13. Record Deaths at Rikers Island Blamed on Guards’ Absenteeism, Abuse and Corruption, by Anthony Accurso, David Reutter
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  15. Third Circuit Strips Qualified Immunity From Delaware Guards Who Held Mentally Ill Prisoner in Solitary for Seven Months, by David Reutter
  16. Too Many Alabama Prisoners Still Dying with Too-Few Guards, Many Corrupt, by Jo Ellen Nott
  17. Former Tennessee Police Chief Sentenced to Six Years for Abusing Arrestees, by Kevin Bliss
  18. Florida Jailers Leave Detainees Out of Evacuation Plans During Hurricane, by David Reutter
  19. Ninth Circuit Revives Failure-to-Protect Claim of Arizona Prisoner Beaten by Gang, by David Reutter
  20. Ninth Circuit Says California Felons Can Fight Fires While Imprisoned, But Not After, by Benjamin Tschirhart
  21. Arizona DOC Accused of Cheating Both Guards and Prisoners Out of Hourly Wages, by Keith Sanders
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  24. Arizona Resumes Executions, by Eike Blohm, MD, Chuck Sharman
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  26. After Federal Judge Censors Lawyer’s Tweets About CoreCivic, Company Settles Suit Over Tennessee Prisoner’s Murder by Cellmate, by Harold Hempstead
  27. New Report Estimates U.S. Prisons Hold Nearly 50,000 People in Solitary Confinement, by Jennifer Taylor
  28. Virginia Supreme Court Upholds Derivative Sovereign Immunity for Jail Physician, by Matthew Clarke
  29. Fourth Circuit Says Three-Strikes Federal Prisoner’s Imminent Danger Claim Must Be Evaluated on ‘Totality of Circumstances’, by Benjamin Tschirhart
  30. Nevada Federal Court Says Prisoner’s § 1983 Suit Should’ve Been a Habeas Petition, But Returns Filing Fee, by David Reutter
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  49. News in Brief

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