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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 …
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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
- After Spate of Deaths, Vermont Contracts Prisoner Healthcare to Wellpath – Again
- Ohio Prisoner’s Suit Claims Exposure to Toxic Chemicals Released in Train Derailment
- 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
- While Federal Prisoners Died of COVID-19 in Massachusetts, BOP Staff Used Up Vaccine Allotment on Themselves
- Tennessee Private Prison Gets State’s First LGBTQ+ Group
- 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:
- New Jersey Supreme Court Orders Plenary Hearing Before Special Adjudicator on Reliability of Fingerprint Evidence, Holding Century of Judicial Acceptance Did Not Satisfy Trial Court’s Gatekeeping Obligation Under N.J.R.E. 702, Aug. 1, 2026
- En Banc Eleventh Circuit Announces All Parents, Including Those Convicted of Child-Sex Offenses, Enjoy Fundamental Right to Live With Their Children, Holding Alabama Residency Prohibition Subject to Strict Scrutiny, Aug. 1, 2026
- Seventh Circuit Announces Courts May Examine Individual Officer’s Subjective Purpose When Assessing Whether Warrantless Administrative Inspection Was Pretextual, Holding Suppression Required Where Trooper’s Sole Motive for Stop Was Criminal Investigati, Aug. 1, 2026
- SCOTUS Holds § 922(g)(3) Prosecution Based Solely on Regular Marijuana Use, Without Individualized Proof of Dangerousness, Violates Second Amendment, Aug. 1, 2026
- Judge Grants Attorney’s Motion to Withdrawal from Corizon Health Case Due to Non-Payment, Aug. 1, 2026
- Abuse is No Excuse: Oklahoma’s Judges Deny Sentencing Relief to Prisoners Who Were Raped and Physically Assaulted, Aug. 1, 2026
- Audit of Louisiana DOC Finds Fault with Prisoner Release Calculation System, Aug. 1, 2026
- California Appeals Court Sustains Amendments to CDCR that Narrow Youth Parole Eligibility Rules, July 1, 2026
- Eighth Circuit Revives § 1983 Complaint Alleging Jail Detainees’ Death from Stroke was Due to Deliberate Indifference and Failure to Train, July 1, 2026
- California Court of Appeal Announces Defendants Who Exercise Right to Jury Trial on Aggravating Circumstances Are Entitled to Closing Argument by Counsel on Those Factors, July 1, 2026
More from these topics:
- Warden Out, Nineteen Guards Administratively Charged in Maryland Prisoner’s Death, Aug. 1, 2026. Guard Misconduct, Prison/Jail Murders, Failure to Protect (Wrongful Death), Failure to Protect (Staff).
- At Least Three Guards Charged for Assaulting Two Massachusetts Prisoners, Aug. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Assaults on Staff, Wrongful Use of Force.
- Colorado Pays $245,000 to Muslim Former Prisoner Shaved by Same Guard Who Cost DOC Earlier Settlement with Jewish Prisoner Denied Kosher Meals, Aug. 1, 2026. Religious Discrimination, Overdetention, Religious Diet, Religious Practices, Immunity - Absolute and Qualified.
- Ombudsman Report Finds Use of Force Misapplied in Contraband Search, Aug. 1, 2026. Guard Misconduct, Failure to Treat, Body Cavity Searches, Guard Brutality/Beatings, Pepper Spray/Tear Gas.
- $1.2 Million for Elderly Detainee Shoved Out the Door of Sacramento Jail by Guard, Aug. 1, 2026. Guard Brutality/Beatings, Americans with Disabilities Act, Rehabilitation Act, Failure to Treat (Mental Illness), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Report Shows Pattern of Sexual Assaults in Santa Clara County Jail, Aug. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Corrections Audits, Failure to Protect (General).
- Seventh Circuit Upholds Summary Judgment Against Former Illinois Prison Guards Challenging Termination for Violating Use of Force Policy, Aug. 1, 2026. Guard Misconduct, Pepper Spray/Tear Gas, Summary Judgment, Employee Litigation, Vagueness/Overbreadth.
- $6.35 Million Paid for Ohio Jail Detainee’s Spinal Cord Injury Caused by Guard, Aug. 1, 2026. Guard Misconduct, Malpractice, Guard Brutality/Beatings, Settlements, Wrongful Use of Force.
- San Diego Guard Sentenced for Shoving a Shackled Detainee, Aug. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, False Statements/Perjury, Wrongful Use of Force.
- Court Records Reveal Alabama DOC Guard Ignored Stabbed Prisoner, Aug. 1, 2026. Guard Misconduct, Medical Misconduct, Failure to Treat, Medical Neglect/Malpractice, Deliberate Indifference.

