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Fifth Circuit Greenlights Suit by Louisiana Prisoners Held in Local Jails Beyond Release Date
Loaded on March 1, 2023
by Matthew Clarke
published in Prison Legal News
March, 2023, page 30
Filed under:
Release and Reentry,
U.S. Sentencing Guidelines,
Excessive Charges.
Location:
Louisiana.
by Matt Clarke
On June 10, 2022, the U.S. Court of Appeals for the Fifth Circuit held that Louisiana prison officials were not entitled to qualified immunity (QI) for delays in calculating release dates that left some state prisoners incarcerated for months beyond their sentences.
After Jessie Crittindon, Leon Burse, ...
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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 Matthew Clarke:
- Multitudes Caged for Failure to Pay Child Support, Driving Mass Incarceration, May 1, 2025
- Los Angeles County Pays $24 Million to Two Former Prisoners Wrongly Convicted as Teens of 1997 Murder, May 1, 2025
- Federal Watchdog Calls Out BOP for Spiking Suicide Risk at Pennsylvania Lockup, April 1, 2025
- Eighth Circuit: Arkansas Prisoner Who Had Consensual Sex With Guard Cannot Sustain Eighth Amendment Claim, April 1, 2025
- TDCJ to Run Out of Beds in 2025, April 1, 2025
- “Happy Mother’s Day”: $1,353,000 Settlement Approved for Migrant Parents Separated from Minor Kids at Border, March 1, 2025
- 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
More from these topics:
- ACLU Sues BOP Over Failure to Implement First Step Act Release Credits, May 1, 2025. U.S. Sentencing Guidelines, First Step Act, Bureau of Prisons (BOP).
- Arkansas Supreme Court Rules § 16-93-609(b)(2)(B), Relating to Parole Eligibility for Residential Burglary Conviction, Applies Retroactively to Defendant, April 15, 2025. U.S. Sentencing Guidelines, Resentencing, Bank Fraud/Robbery/Theft, Probation, Parole & Supervised Release, Eligibility for Parole.
- Virginia Parole Board Skirts New Transparency Rules, Governor Walks Back Expanded Sentence Credits—Again, March 1, 2025. Local Rules, U.S. Sentencing Guidelines, Probation, Parole & Supervised Release, Credits.
- Former South Carolina Jailer Spared Prison After Testimony Fails to Convict Former Sheriff, Feb. 15, 2025. Guard Brutality/Beatings, U.S. Sentencing Guidelines, Sentences - Adjustments and Departures, Offense of Conviction.
- The Murky Waters of Parole, Feb. 1, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Parole Liability, Probation, Parole & Supervised Release.
- Oregon Supreme Court: Governor Can’t Revoke Commutation After Sentence Expires, Jan. 15, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Resentencing, Revocation Proceedings, Overreaching.
- Former Tacoma Reentry Center Severs Washington DOC Contract, Jan. 15, 2025. Release and Reentry, housing.
- After Florida Appellate Court Holds Crimes of ‘Attempt’ Eligible for Incentive Gain Time, Supreme Court Refuses Review, Jan. 15, 2025. U.S. Sentencing Guidelines, Conspiracies, Attempts, Solicitations, Attempts/Incomplete Acts, Credits, Sentences - Adjustments and Departures.
- Seventh Circuit Announces Maximum Revocation Sentence for Violation of Supervised Release Based on Classification of Underlying Offense at Time of Conviction, Not at Time of Revocation, Dec. 15, 2024. U.S. Sentencing Guidelines, Revocation Proceedings.
- California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment, Dec. 15, 2024. Retroactivity, U.S. Sentencing Guidelines.