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Fifth Circuit Reinstates Lawsuit Over Texas Detainee’s Asphyxiation by Jail Guards
Loaded on May 1, 2023
by Matthew Clarke
published in Prison Legal News
May, 2023, page 15
Filed under:
Guard Brutality/Beatings,
Excessive Force (Wrongful Death),
Mental Health.
Location:
Texas.
by Matt Clarke
On July 13, 2022, the U.S. Court of Appeals for the Fifth Circuit reversed dismissal of a lawsuit filed over the death of a Texas detainee during an altercation with jail guards.
Kelli Leanne Page, 46, was awaiting trial at the Coryell County Jail …
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More from this issue:
- L.A. County Jails: Leading in All the Wrong Ways, by Benjamin Tschirhart
- Predatory Probation Still Alive in Georgia, Other States, by David Reutter
- From the Editor, by Paul Wright
- Prisoner Health Update: K2, by Eike Blohm, MD
- Warden Ousted from Troubled Alabama Prison After DUI Arrest, by Edward Lyon
- Fifth Circuit Reinstates Lawsuit Over Texas Detainee’s Asphyxiation by Jail Guards, by Matthew Clarke
- Detainee Allegedly “Eaten Alive” by Vermin in Overcrowded Atlanta Jail, by Jacob Barrett
- Fifth Circuit Reinstates Claim That LaSalle Guards Fatally Beat Louisiana Pre-Trial Detainee, by Matthew Clarke
- Ninth Circuit: Grievance Policy May Excuse Oregon Prisoner’s Failure to Exhaust Administrative Remedies, by Jacob Barrett
- “Slap On the Wrist” for California Bail Agents Who Hired Bounty Hunter Who Killed Their Client, by Jayson Hawkins
- Dogged by Racist Comments, North Carolina Sheriff Resigns – Again, by Jo Ellen Nott
- MTC Accused of Parole Programming Scam at Texas Prisons, by Kevin Bliss
- Fourth Circuit Rejects Appeal of $700,000 Award to Maryland Prisoner Assaulted by Guards, by David Reutter
- Fifth Circuit Again Revives Muslim Texas Prisoner’s Suit Over Halal Meals Denied During Hurricane Evacuation, by Matthew Clarke
- Nevada Pays Over $568,000 for Denying Prisoner Cataract Surgery, Ends “One Good Eye” Policy, by Jacob Barrett
- Prisoner’s Experience in Solitary Wins PEN America Writing Award, by Jacob Barrett
- Condemned Tennessee Prisoner Wins Fight Against Autopsy, by Harold Hempstead
- Maine’s Jails and Prisons Record 39 Deaths in 34 Months, by Jo Ellen Nott
- Fifth Circuit Upholds Qualified Immunity for Texas Prison Guard Who Beat Prisoner’s Arm With Baton Until It Broke, by Matthew Clarke
- $1.3 Million Paid to Transgender Woman Held Five Months in Atlanta Jail on Bogus Charges, by Chuck Sharman
- Nebraska Pays $479,000 for Restrictive Housing Prisoner’s Murder While Double-Celled, by Mark Wilson
- Shielded From Public View, Misconduct by Corrections Staff in Illinois Prisons Received Scant Discipline, by Shannon Heffernan
- $20,000 Settlement for Ohio Prisoner’s Slip-and-Fall Injury, by Edward Lyon
- $2.4 Million Judgment Against Michigan Jail Doctor Convicted of Sexually Abusing Three Prisoners, by Mark Wilson
- ACLU Report Details Exploitation of Prisoners for Forced Labor, by Matthew Clarke
- MTV Documentary Shines Light on Art Behind Bars, by Jayson Hawkins
- Fifth Circuit Finds “Opaque” Mississippi Prison Grievance System “Incapable of Use”, by Matthew Clarke
- Overdose Rate in New York Jails and State Prisons Double U.S. Average, by Jacob Barrett
- College Education Disrupted for Washington Prisoners, by Kevin Bliss
- $32,500 Medical Malpractice Award to Ohio Prisoner for Ripped-Out Catheter, by Edward Lyon
- Oklahoma County Pays $1.1 Million After Jail Guards Fatally Beat Detainee, by Jacob Barrett
- Louisiana High Court Abandons Ab Initio Precedent in Favor of “Victim’s Rights”, by David Reutter
- California Appellate Court: State Prisoners Held in Jail and Those Held in Prisons Not Alike for Sentence Credits, by Jacob Barrett
- Telecoms Exploiting Legal Loopholes to Price Gouge Prisoners and Their Families, by Jacob Barrett
- Fifth Circuit Revives Suit by Nation of Gods and Earth Prisoner Demanding Religious Recognition by Texas Prison Officials, by Matthew Clarke
- Iowa Teen Who Killed Her Alleged Rapist Recaptured After Halfway House Escape, by Kevin Bliss
- Former Missouri Prisoners Awarded $20 Million for Sexual Abuse by “Resident Pervert” Guard, by Ashleigh Dye
- $4.25 Million Paid by King County for Two Jail Beatings By Improperly Housed Mentally Ill Detainees, by Mark Wilson
- Arizona Prisoner Condemned Again for Cellmate’s Murder, by Jayson Hawkins
- Ninth Circuit Upholds Order Vacating Conviction in Oregon Prison Director’s 1989 Murder; SCOTUS Declines Review, by Mark Wilson
- Fourth Circuit: No Civil Commitment at Release for Federal Prisoner in North Carolina Without Considering Conditions, by Casey Bastian
- Montana Becomes 13th State to End Prison Gerrymandering, by Chuck Sharman
- Eighth Circuit Affirms Over $278,000 Awarded to Minnesota Jail Detainee Held on Bad ICE Referral Policy, by David Reutter
- Montana Pays $2,500 to Settle Prisoner’s Failure-to-Protect Claim, by Mark Wilson
- News in Brief
- Alaska Supreme Court Says Parole Challenge Must Be Sought via Post-Conviction Relief, Not Lawsuit, by Mark Wilson
More from Matthew Clarke:
- Dissenter Excoriates SCOTUS for Denying Certiorari in Challenge to Constitutionality of Nitrogen Hypoxia Execution, Feb. 1, 2026
- D.C. Federal Court Holds Blocking Prison Reform Advocate’s Access to Federal Prisoners May Violate First Amendment and Due Process, Feb. 1, 2026
- Eleventh Circuit Holds Estate Cannot Sue Jailers Who Followed Medical Personnel Advice That Led to Detainee’s Death, Feb. 1, 2026
- Sixth Circuit Reinstates Lawsuit Over Failure to Properly Classify Violent Prisoners at Kentucky Jail, Feb. 1, 2026
- Eleventh Circuit Holds Alabama County May Be Liable for Policy of Providing Inadequate Jail Medical Care, Feb. 1, 2026
- Tenth Circuit Reverses Summary Dismissal of Claim Over Prisoner’s Suicide in Oklahoma Jail, Feb. 1, 2026
- Deportation of Kenyan Priest Working as Texas Prison Guard Highlights TDCJ’s Dependence on Immigrant Staff, Feb. 1, 2026
- Ninth Circuit Reinstates Wheelchair-Bound Washington State Prisoner’s Suit Over Failure to Accommodate Disabilities During Transport, Feb. 1, 2026
- Massachusetts Supreme Judicial Court Announces Adoption of Transferred Intent Self-Defense, Jan. 1, 2026
- Eleventh Circuit Upholds Dismissal of Six Female Alabama Jail Detainees’ Sexual Assault Suit, Jan. 1, 2026
More from these topics:
- Differing Judicial Outcomes for the New York Guards Who Killed Robert Brooks, Feb. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death), Pending Appeal/Sentencing.
- The New York Prison System’s Culture of Cruelty and Impunity, Feb. 1, 2026. Guard Misconduct, Racial Discrimination, Guard Brutality/Beatings, Restraints, Excessive Force (Wrongful Death).
- 2025 Was a Deadly Year for Veterans Behind Bars, Jan. 1, 2026. Brain Injury, Death Penalty, Mental Health, Veterans, Mental Health Experts.
- $404,000 Verdict for Ohio Prisoner Brutalized by Trio of Guards, Kept in Solitary for Two Years, Jan. 1, 2026. Retaliation for Filing Grievances, Retaliatory Segregation, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Control Units/SHU/Solitary Confinement.
- Sixth Circuit Affirms Denial of Qualified Immunity for Michigan Jailer Accused of Retaliatory Assault, Jan. 1, 2026. Retaliation, Guard Brutality/Beatings, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Wisconsin DOC Releases 1,700 Private Health Records by Mistake, Dec. 1, 2025. DOC/BOP misconduct, Medical Records, Mental Health, Visiting, Public Records Act.
- $7 Million Paid by Ohio County for Jail Detainee’s Death in Restraint Chair, Dec. 1, 2025. Naphcare, Failure to Treat, Restraints, Medical Neglect/Malpractice, Excessive Force (Wrongful Death).
- One Guard Pleads Guilty, Another Receives Light Sentence in New York Prisoner’s Killing, Dec. 1, 2025. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death), Obstruction of Justice, Plea Agreements/Guilty Pleas.
- Record $42.75 Million Verdict in Louisiana Detainee’s Death in LaSalle Jail, Dec. 1, 2025. Guard Brutality/Beatings, Pepper Spray/Tear Gas, Contractor Liability, Failure to Train/Supervise, Deliberate Indifference.
- New Jersey Breaks Ground on New $330 Million Women’s Prison After Raid at Old Facility, Dec. 1, 2025. Staff-Prisoner Assault, Guard Misconduct, Prosecutor/Attorney General Misconduct, Guard Brutality/Beatings, Prison Rape Elimination Act.

