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Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Guard Accused of Provoking One Prisoner to Attack Another
Loaded on Nov. 15, 2023
by Douglas Ankney
published in Prison Legal News
November, 2023, page 18
Filed under:
Guard Misconduct,
Guard Brutality/Beatings,
Immunity - Absolute and Qualified.
Location:
Arkansas.
by Douglas Ankney
On August 23, 2023, the U.S. Court of Appeals for the Eighth Circuit affirmed the judgment of a lower court in favor of Arkansas prisoner Deverick Scott, who claimed that a guard with the state Department of Corrections (DOC) provoked a fellow prisoner to attack Scott in ...
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More from this issue:
- Prison Walls No Barrier to America’s Deadly Opioid Crisis, by Douglas Ankney
- From the Editor, by Paul Wright
- North Carolina Prisoner Recovers $500 for Injuries in Shower Slip and Fall
- DOJ Reaches Consent Decree with New Jersey Jail to Improve Mental Health Care, by David Reutter
- Suit Against Delaware DOC Advances With 39 Prisoner Plaintiffs and 40 Defendants, by David Reutter
- Defining ‘Carceral Deference’, by David Reutter
- Ohio Supreme Court Awards Prisoner $700 From Sheriff Who Failed to Comply with Public Records Request, by Douglas Ankney
- U.S. Probation System a “Quagmire” That Sets Defendants Up to Fail
- $12,000 Paid to California Prisoner Denied Back Surgery Despite Doctor’s Recommendation
- The Gun of Incarceration, by Cristian Farias
- Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Guard Accused of Provoking One Prisoner to Attack Another, by Douglas Ankney
- Arizona Governor Creates Independent Prison Oversight Commission, by Douglas Ankney
- When Prison Workers Are Exploited for Cheap Sheets
- Almost $2.4 Million in Settlements For Seven Suicides at New Jersey Jail, by David Reutter
- California Bail Bondsman Accused of Faking Captures to Bilk Courts
- Report: “Mass Supervision” Driving Mass Incarceration
- High Profile Escapes from Two Pennsylvania Jails Blamed on Staffing and Infrastructure Problems
- HRDC Wins Motion to Compel North Carolina Prison Officials to Answer for Censorship Policy
- New York Succeeds in Firing Fewer Than 10% of Guards Accused of Prisoner Abuse
- Fifth Circuit Reverses Dismissal of Texas Prisoner’s Failure-to-Protect Claim
- St. Louis City Jails Director Under Fire, County Jail Director Leaves After Nearly $2.7 Million in Legal Payouts, by Benjamin Tschirhart
- Condemned Arizona Prisoner Reprieved, by Benjamin Tschirhart
- Fourth Circuit: Dismissal of South Carolina Prisoner’s Complaint Cannot Prematurely Be Called a “Strike” Under PLRA, by Douglas Ankney
- Ohio Prisoner’s Suit Claims Exposure to Toxic Chemicals Released in Train Derailment
- After Spate of Deaths, Vermont Contracts Prisoner Healthcare to Wellpath – Again
- Minnesota Makes All Calls Free in Prisons and Jails
- Connecticut Lawmakers Punt on Limiting Prison Strip Searches, by David Reutter
- DNA Matches Dead Australian to Nebraska Prisoner Who Escaped 56 Years Ago
- Two-Week Texas Prison Lockdown Ends With Puny Contraband Haul
- South Carolina DOC Investigates Jail After 30 Detainee Injuries, Two Escapes and Five Guard Arrests
- Deadline Looms for Payouts Under California’s Forced or Involuntary Sterilization Compensation Program
- Tennessee Private Prison Gets State’s First LGBTQ+ Group
- While Federal Prisoners Died of COVID-19 in Massachusetts, BOP Staff Used Up Vaccine Allotment on Themselves
- Ninth Circuit Revives Former Nevada Prisoner’s Claim for Deprivation of Sentence Credit
- Number Held in Solitary Confinement in U.S. Prisons and Jails Tops 122,000
- Nine Memphis Jailers Indicted in Death of Psychotic Detainee
- Alabama Prison Conditions Continue to Worsen as DOJ Trial Looms
- Washington Kills the Death Penalty – Again
- Seven Deaths in Seven Months at Dayton Jail
- South Carolina Supreme Court Denies Prisoner’s Challenge to DOC Policy Restricting Visitors to People He Knew Before Incarceration, by Douglas Ankney
- Alabama Sheriff Loses Appeal to Theft and Ethics Conviction
- No Hearing Required for Emergency Dose of Antipsychotic Medication for Mississippi Prisoner, by David Reutter
- Women Behind Bars, by the Numbers
- CDCR Facing Daily Fines in 33-Year-Old Suit Over Deficient Mental Health Care
- SCOTUS Lets Ohio Detainee’s Suit Die Over Incarceration for Parodied Police Facebook Page
- Eleventh Circuit Says Florida Prisoner Who Dismissed Complaint Cannot Be Assessed a “Strike” Under PLRA, by Matthew Clarke
- $1.05 Million Settlement for Oklahoma Prisoner’s Death from Untreated Appendix Rupture, by David Reutter
- $24 Million for Motorist Detained and Killed by California Highway Patrol
- Fourth Circuit Rebuffs Federal Prisoner’s Attempt to Expand Bivens in North Carolina, by David Reutter
- Imprisoned Putin Critic Claims He’s Subjected to “Re-Education”
- News in Brief
More from Douglas Ankney:
- $1.2 Million in Settlements Reached in Suit Over Sacramento Jail Murder, May 1, 2025
- Eleventh Circuit Revives Volunteer Pastor’s First Amendment Claim at Georgia Jail, May 1, 2025
- Wellpath Sanctioned for Discovery Violation in Suit Over Kentucky Prisoner’s Death, May 1, 2025
- Second Circuit Revives Connecticut Prisoner’s Challenge To Conditions In Virginia Lockup Where He Was Transferred, May 1, 2025
- Missouri Pays More Than $1.2 Million for Deputy Warden’s Sexual Harassment Claim Against Warden, May 1, 2025
- Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws, April 15, 2025
- Connecticut Supreme Court Announces Teague’s ‘Watershed’ Rule Exception to Nonretroactivity of New Constitutional Rule of Criminal Procedure on Collateral Review Has ‘Continued Vitality’ in Connecticut, Adoption of Third Exception to Teague’s Nonretroacti, April 15, 2025
- Fourth Circuit: District Court Erred in Imposing ‘Managerial Role’ Enhancement Under Guidelines § 3B1.1(b) Without Making ‘Particularized Findings’ Regarding Scope of Criminal Activity and Number of Participants as Required by Guidelines §1B1.1, April 15, 2025
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025
- Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim, April 1, 2025
More from these topics:
- Connecticut Court Denies Access to Video of Prisoner’s Fatal Beat-Down by Guards, May 1, 2025. Guard Misconduct, Videotaping, Guard Brutality/Beatings.
- $18,000 for New York Prisoner Who Alleged Guards Planted Shank in Cell, May 1, 2025. Guard Misconduct, Cell Searches, Settlements.
- New York Prisoner Awarded Almost $280,000 in Retaliation Claim Against Guards, May 1, 2025. Retaliation for Filing Grievances, Guard Brutality/Beatings, Settlements.
- New York Guards Indicted for Prisoner’s Murder, May 1, 2025. Guard Misconduct, Prison/Jail Murders, Excessive Force (Wrongful Death).
- South Carolina Jailer Gets 10 Years for Sexually Assaulting Nine Detainees and Co-Workers, May 1, 2025. Staff-Prisoner Assault, Guard Misconduct.
- Pittsburgh Lockup Accounts for 43% of Pennsylvania Jail TASER Use, Suit Filed, May 1, 2025. Guard Brutality/Beatings, Stun Guns/Tasers, Prison Litigation Reform Act (PLRA).
- 20 Charged in Nevada Prison Brawl That Left Three Dead, May 1, 2025. Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- 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.
- New Jersey DOC Sued Twice for Turning “Blind Eye” to “Pervasive” Drug-Smuggling Blamed for Prisoner Deaths, May 1, 2025. Guard Misconduct, Drug Overdose, Cell Searches, Failure to Protect (Wrongful Death), Drug Courier or "Mule" status.