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First Circuit Tolls Claim for Maine Jail Death from Date of Detainee’s Injury, Rather Than When He Died
Loaded on Aug. 15, 2024
by Douglas Ankney
published in Prison Legal News
August, 2024, page 37
Filed under:
Failure to Protect (Wrongful Death),
Excessive Force (Wrongful Death),
Suicides,
Pretrial Detention and Detainees.
Location:
Maine.
by Douglas Ankney
Of the many hurdles prisoners and jail detainees face, the statute of limitations for a civil rights claim under 42 U.S.C. § 1983 is among the first. Now the U.S. Court of Appeals for the First Circuit has made it even harder to clear, with a decision on ...
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More from this issue:
- After Spike in Jail Deaths, Riverside County Sheriff’s Department Under California Department of Justice Investigation, by Matthew Clarke
- From the Editor, by Paul Wright
- California Prisoner’s Generosity for Gaza Rewarded With Over $100,000
- $7.5 Million Settlement in Suit Over California Jail Death, by Matthew Clarke
- Arizona DOC Agrees to Pay $2,650,000 in Legal Fees and Costs in Long-Running PLN Censorship Suit
- Unintended Consequence of Texas Prisoner Tablets: Retaliation from Fellow Prisoners
- Pilot Jail Diversion Program Opens for Mentally Ill Arrestees in Austin
- Virginia Takes Back One Prison from GEO Group, Closes Four More
- Oregon Transgender Prisoner Claims Abusive Violation of Injunction, but Court Declines Sanctions, by Matthew Clarke
- Contractor Fined $300,000 for Illegal Asbestos Dumping at Wisconsin Federal Prison
- “Too brutal, too disgusting”: Prison Guards Flee as Working Conditions Worsen
- Kentucky Parole Officer Gets Three Years for Sexually Assaulting Probationers, by Matthew Clarke
- 46 New York Prisoners Accuse Guards of Beatings—Even Waterboarding, by Douglas Ankney
- Tennessee DOC Rewards CoreCivic with Pay Increase Despite Critical Watchdog Audit
- New York Revises 2,772 Prisoner Disciplinary Records After Inspector General Finds Defects in Another Contraband Drug Test, by Douglas Ankney
- Dead Rikers Island Detainees Had Missed Dozens of Mental Health Appointments
- Illinois Parole Board Member Resigns After Violator Turns Deadly
- Inspectors Catch L.A. Jailers Watching Porn
- Eighth Circuit: Perfect Adherence to Burdened Beliefs Not Required to Demonstrate Sincerity under RLUIPA, by Douglas Ankney
- Florida Jail Chief’s Firing Upheld, Retaliation Lawsuit Headed to Trial
- Warden and Deputy Out at Kentucky Prison As DOC Investigates Guard Misconduct
- Eleventh Circuit Denies Qualified Immunity to Georgia Jailers Who Housed White Detainee With Black Cellmate Held for Racially Motivated Attack
- Riot at California GEO Group Lockup Sends Message to U.S. Marshals
- Cheap Food Enriching Profiteers, Making Prisoners Sick
- Prisoner Admissions Soar at Massachusetts Psychiatric Lockup Plagued by Overcrowding and Violence
- Federal Judge Calls BOP Brooklyn Lockup Too Deplorable to House Defendant
- $275,000 Settlement for Wisconsin Jail Detainee’s Death from Untreated Heart Infection
- BOP is Holding 12,000 Prisoners in Solitary Confinement, by David Reutter
- 1,200 Washington Prisoners Lose Laptops After One Shows Up on eBay
- Fifth Savannah Jail Employee Arrested for Smuggling in Just Over a Year
- Massachusetts Prison Closure Reflects Success of Criminal Justice Reforms
- Tennessee Sheriff Indicted for Massive Prisoner Work-Release Fraud
- Report Finds Exploitative Disciplinary Fines in One-Third of U.S. Prison Systems
- Fourth Circuit Revives Claim Over North Carolina Jail Suicide, by Douglas Ankney
- Arrested for Stealing Snacks, Baltimore Diabetic Dies in Jail
- Georgia Guard Fired, Charged With Setting Up Assault that Left Prisoner Dead
- Arizona Agrees to $40,000 Settlement in Suit Over Mentally Ill Prisoner’s Suicide, by Douglas Ankney
- Illinois Prisoner Succumbs to Heat Wave
- Fourth Circuit Chides Virginia Magistrate for Assuming Prisoners Proceed IFP, by Douglas Ankney
- New Mexico Jail Sued Again After Paying $787,500 In-Custody Death Settlement
- First Circuit Tolls Claim for Maine Jail Death from Date of Detainee’s Injury, Rather Than When He Died, by Douglas Ankney
- Psychiatrist Settles Virginia Jail Suicide Suit for $1.75 Million
- Florida Court Strikes $10 Million of $16 Million Judgment Against Armor Correctional Health in Jail Death, by David Reutter
- Criminalizing Poverty Drives Mass Incarceration in Kentucky, Washington, by Douglas Ankney
- Settlements Total $3.85 Million for Nevada Prisoners Hit with Birdshot, by David Reutter
- Indiana Supreme Court Says “Summary Judgment Is Not Summary Trial,” Remanding State Prisoner’s Malpractice Claim to a Jury
- Missouri Warden, Four Guards Out After Prisoner’s Fatal Beating
- Texas Prosecutor Gets Fine, Probated Bar Suspension After Jailing Woman for Abortion
- Fourth Circuit Grants Qualified Immunity to Guards Who Left North Carolina Prisoner to Eat with Feces-Soiled Hands
- Alaska Supreme Court Revives Prisoner’s Claim for 11-Month Solitary Confinement That DOC Admitted Was Improper, by Douglas Ankney
- Washington Prisoner’s Sentence Vacated After Attorney Calls and Visits Were Recorded, by Douglas Ankney
- $11 Million Settlement for Exonerated Michigan Prisoner, by David Reutter
- 3,500 Body-Worn Cameras Recalled from Rikers Island Guards After One Catches Fire
- No Dismissal for San Diego Jail Medical Contractor from Suit Filed Over Detainee’s Withdrawal Death
- Ending Prison Slavery on the Ballot in California, Nevada
- Nevada DOC Under Fire for Hiring Unlicensed Medical Director
- Addicted to Punishment: Jails and Prisons Punish Drug Use Far More Than They Treat It, by Emily Widra
- Mississippi Prison Warden Suspended After Security Chief Caught Smuggling
- Intellectually Disabled Georgia Prisoner Executed After SCOTUS Denies Appeal
- Maryland Pardons 175,000 Marijuana Misdemeanor Convictions
- Alabama Denies Parole to Dead Prisoner
- Condemned Alabama Prisoner Challenges Execution by Nitrogen Hypoxia, by David Reutter
- South Carolina Supreme Court Grants Prisoner Credit for Time Served Awaiting Revocation of Supervised Release
- Colorado Lawmakers Take a Pass on Cash Assistance for Released Prisoners, by Douglas Ankney
- Bar Complaint Revives 10-Year-Old Question: Why No Charges Filed Against Florida Guards Who Killed Prisoner?, by David Reutter
- News in Brief
- Pro-Navalny Hackers Breach Russian Prison Computers, Lower Commissary Prices
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:
- $1.2 Million in Settlements Reached in Suit Over Sacramento Jail Murder, May 1, 2025. Settlements, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness).
- Rikers Island Detainees Wait in “Black Hole” for Competency Treatment, May 1, 2025. Pretrial Detention and Detainees, Competency Hearing.
- Washington DOC On Hot Seat Over “Unexpected Fatalities,” Missed Autopsies, May 1, 2025. Criminal justice system reform, Systemic Medical Neglect, Failure to Protect (Wrongful Death), Medical Neglect/Malpractice, False Statements/Perjury.
- New York Guards Indicted for Prisoner’s Murder, May 1, 2025. Guard Misconduct, Prison/Jail Murders, Excessive Force (Wrongful Death).
- 20 Charged in Nevada Prison Brawl That Left Three Dead, May 1, 2025. Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- Wisconsin Prisoner Inhaled His Own Teeth in Fatal Beatdown, May 1, 2025. Excessive Force, Pretrial Detention and Detainees, Assault Weapons.
- 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.
- Three More Prisoners Die, Three More Staffers Fired at Wisconsin Prison, April 1, 2025. Guard Misconduct, Guard Brutality/Beatings, Failure to Protect (Wrongful Death).
- Houston Jail Cited for State-Law Violations Twice in a Month, April 1, 2025. Guard Misconduct, Failure to Protect (Wrongful Death).
- Self-Harming Wisconsin Prisoner Settles Failure-to-Protect Suit for $7,000, April 1, 2025. Settlements, Suicides, Failure to Protect (Staff).