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Alabama Prisoner’s Deliberate Indifference Claim Dies for Lack of Proper Affidavits
by David M. Reutter
On November 11, 2022, the U.S. Court of Appeals for the Eleventh Circuit affirmed dismissal of an Alabama prisoner’s civil rights action that alleged overlong delays in treatment for hernias and post-surgery complications. The case provides a lesson in the proper preparation of affidavits to support ...
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More from this issue:
- With “Fox in Charge of the Henhouse,” Almost All Misconduct Accusations Against BOP Staff Result in No Discipline, by Benjamin Tschirhart
- Tenth Circuit Affirms Denial of Qualified Immunity to Utah Jailers After Detainee’s Withdrawal Death, by David Reutter
- From the Editor, by Paul Wright
- Riot and Escape at Nevada Prison Lead to Charges Against Four Guards, Firings or Resignations of Top Officials, by David Reutter
- In an Ominous Pattern, People Are Dying Once Transferred to Louisiana Prison, by Victoria Law
- Alabama County Ends Controversial Policy Using Women’s Pregnancies to Jail Them, by Ashleigh Dye
- California Governor Vetoes State’s Humane Solitary Confinement Bill, by Kevin Bliss
- Former California Prison Warden and Guard Accused of Sexual Misconduct with Two Dozen Prisoners and Coworkers, by Jo Ellen Nott
- Fifth Circuit: Texas Prison Property Rules Withstand Scrutiny Under Religious Free-Exercise Clause, by David Reutter
- Seventh Circuit Revives Indiana Prisoner’s Claim He Was Wrongfully Fired From Prison Commissary for Attending Religious Service, by David Reutter
- “Acres of Skin” – Redux, by Gregory J. Dober
- Illinois Supreme Court Orders State DOC to Fund Required Treatment and Housing for Sex Offender’s Conditional Release, by David Reutter
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit Over Flesh-Eating Infection, by David Reutter
- SCOTUS Helps Revive Malicious Prosecution Claim Against Chicago Police Officers, by David Reutter, Kevin Bliss
- $1.455 Million Settlement for Discrimination Against Black Minnesota Jail Guards Barred from Watching Floyd Killer, by David Reutter
- Eighth Circuit Affirms Conviction and Sentencing of Former Arkansas Sheriff for Assaulting Detainees, by Harold Hempstead
- Pennsylvania County Commissioner Barred from DA’s Email After Own Prison Record Is Purged and Jail Key Copied, by Kevin Bliss
- Pennsylvania Guards and Their Attorneys Spanked for Discovery Abuse in Prisoner’s Excessive-Force Suit, by David Reutter
- Fifth Circuit Greenlights Suit by Louisiana Prisoners Held in Local Jails Beyond Release Date, by Matthew Clarke
- Seventh Circuit Says Fourth Amendment Does Not Require Bail Hearing Within 48 Hours of Arrest, by Benjamin Tschirhart
- Fifth Circuit: No Liability for Texas County that Improperly Relied on Polygraph to Imprison Released Sex Offender Additional 13 Years, by Benjamin Tschirhart
- More Drugs Seized by Florida DOC During COVID-19 Lockdowns Than Before, by David Reutter
- Federal Court Holds Illinois DOC in Contempt for Failing to Remediate Substandard Healthcare, by Douglas Ankney
- Second Circuit Reinstates N.Y. Prisoner’s Excessive Force Claim, Finding Grievance Procedure ‘Unavailable’ in Mental Health Unit, by David Reutter
- $175,000 Paid by California County to Escaped Prisoner Mauled By K-9 During Recapture, by Keith Sanders
- After 13 Jail Deaths in Eight Months of 2022, California Sheriff Finally Reveals How They Happened, by Benjamin Tschirhart
- $87,000 Paid to Virginia Prisoner Kicked in Testicles by Guard, by Benjamin Tschirhart
- Tenth Circuit Revives Kansas Prisoner’s Claim That He Was Denied Access to Court, by Anthony Accurso
- Alabama Supreme Court Says Prisoner Who Didn’t Return From Work Release Punishable Under Felony Escape Statute, by David Reutter
- Third Former Guard at Troubled Federal Prison in Brooklyn Sentenced After Retrial and Conviction for Raping Prisoner, by Chuck Sharman
- Ex-Felon “Dirtbags” Accused of Ordering Hit on Detainee at Florida Jail, But Questions Linger, by Jo Ellen Nott
- Hospitalized California IST Defendants Entitled to Jail Conduct Credits, by Mark Wilson
- Seventh Circuit Sides With Muslim Prisoner, Bars Strip Search by Transgender Wisconsin Guard, by David Reutter
- Florida DA Reopens Cold Murder Case, Exonerates Wrongly Imprisoned Man, Finds Real Killers – and Gets Axed by Governor, by David Reutter
- Judge Dismisses Suit Filed by California Town to Keep State Prison Open, by Keith Sanders
- 18 Stabbings in Less Than Nine Months at Oklahoma CoreCivic Prison, by Keith Sanders
- $14,000 Paid by California to Mentally Ill Prisoner Who Alleged Repeated Maulings by Guards, by Douglas Ankney
- Hypothermia Kills Prisoner in Cold Pennsylvania Jail Cell, One of 17 Deaths Since 2019, by Jo Ellen Nott
- North Dakota Guard Fired After Suicide of Convicted Quadruple Murderer, by Justin McFatridge
- Smuggling Ring Busted in Georgia Jail, 11 Arrested Including Four Guards and Former Nurse, by Jo Ellen Nott
- After Botched Lethal Injection, Alabama Will Execute Prisoner by Nitrogen Hypoxia, by David Reutter
- Massachusetts High Court: Lawmakers Haven’t Stopped Sheriffs From Taking Kickbacks from Jail Phone Calls, and Neither Will We, by Benjamin Tschirhart
- Elderly Prisoners Catch a Break on Medicare Part B, by Eike Blohm, MD
- Another Prisoner Dies in Another Fire at Indiana Prison, by Jo Ellen Nott
- Second Hunger Strike Met With Pepper Spray at Washington GEO Group Lockup Where ICE Detainees Allege Widespread Sexual Abuse, by Keith Sanders
- $350,000 Settlement Reached in Florida Prisoner’s Murder, by David Reutter
- Alabama Prisoner’s Deliberate Indifference Claim Dies for Lack of Proper Affidavits, by David Reutter
- Colorado’s Halfway Houses Returning Half of Residents to Prison, by Keith Sanders
- Transgender Idaho Prisoner Who Won Gender Conforming Surgery Awarded Over $2.6 Million in Legal Fees, by Eike Blohm, MD
- Parents Losing Children Because They Can’t Repay Foster Care Costs Incurred During Incarceration, by Jo Ellen Nott
- CoreCivic Still Accruing Fines for Short-Staffing Florida Jail Where Developmentally Disabled Teen Was Raped, by Ashleigh Dye
- Second Circuit Affirms Qualified Immunity for Connecticut Cops who Sicced K-9 on Suspect in His Holding Cell, by Casey Bastian
- $857,500 Paid by California County for Jail Detainee’s Death, While Cellmate Who Beat Him Is Now in State Prison, by David Reutter
- Over $298,000 Awarded to Alabama Jail Detainee with Heart Disease After Guards, Nurses Ignored Firing Defibrillator, by David Reutter
- Nebraska Assistant Warden Avoids Prosecution for Sexually Abusing Prisoner, Pleads Guilty to Lesser Charge and Gets a Year in Jail, by Benjamin Tschirhart
- After Eleventh Circuit Says ICE Detainee Is Not “Prisoner” Subject to PLRA, He Goes Missing from Georgia, by David Reutter
- Former PLN Editor Settles Suit Over Detention in Tennessee ‘Iron Man’ Cell, Gets 40-Year Prison Term for Vandalizing Nashville Jail, by Benjamin Tschirhart
- GTL Ordered to Pay $18.675 Million in Attorney Fees and Costs in Prison Phone Class Action, by Anthony Accurso
- News in Brief
More from David Reutter:
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025
- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, Aug. 1, 2025
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025
- Qualified Immunity Denied for Iowa Prison Doctor’s MRI Delay for Non-Medical Reasons, Aug. 1, 2025
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025
- First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court, Aug. 1, 2025
- Oregon Prisoners Can Now Seek Economic Damages for Future Lost Income More Easily, July 15, 2025
- $22.5 Million Verdict Arrives Too Late for Wrongfully Convicted Illinois Prisoner, July 15, 2025
- First Circuit Revives Rhode Island Prisoner’s Excessive Force Claim Against Guard, July 15, 2025
More from these topics:
- Nearly $2.6 Million Paid to Former Minnesota Jail Detainee for Injuries from Delayed Withdrawal Treatment, July 15, 2025. Medication, Systemic Medical Neglect, Drug/Alcohol Withdrawal, Failure to Treat, Deliberate Indifference.
- Seventh Circuit Revives Former Illinois Prisoner’s Claim for Delayed Hepatitis-C Treatment, July 15, 2025. Wexford Health Services, Systemic Medical Neglect, Deliberate Indifference.
- $42,000 Paid to Wisconsin Prisoner Allowed to Harm Himself While Under Observation, July 15, 2025. Staff-Prisoner Assault, Guard Brutality/Beatings, Deliberate Indifference.
- Sixth Circuit Limits Deliberate Indifference Standard in Kentucky Jail Medical Care Challenge, June 1, 2025. Drug/Alcohol Withdrawal, Medical Neglect/Malpractice, Deliberate Indifference.
- Fifth Circuit Denies Qualified Immunity to Louisiana Officials Who Forced Prisoner to Work with Broken Surgical Screws in Ankle, May 1, 2025. Prison Labor, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference, Fair Labor Standards Act (FLSA).
- Kentucky Jail Sued for Detainee’s Death, Prisoner’s Stillborn Child, May 1, 2025. Guard Brutality/Beatings, Medical Neglect/Malpractice, Children of Prisoners, Deliberate Indifference.
- Florida Prisoner Released to Die Settles With Centurion Over Ignored Prostate Cancer, May 1, 2025. Centurion, Cancer, Settlements, Medical Neglect/Malpractice, Deliberate Indifference.
- $1.35 Million in Settlements for One-Legged San Francisco Detainee Forced to Hop—Twice, April 1, 2025. Disabled Prisoners, Settlements, Deliberate Indifference.
- $250,000 Settlement But No Charges After Alabama Guards Beat Prisoner To Death, April 1, 2025. Guard Brutality/Beatings, Settlements, Excessive Force (Wrongful Death), Control Units/SHU/Solitary Confinement, Deliberate Indifference.
- Southern Health Partners Settles Suit Over Kentucky Jail Meth Death, April 1, 2025. Drug/Alcohol Withdrawal, Settlements, Methamphetamine, Drug Laws/Offenses, Deliberate Indifference.