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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:
- Third Circuit Upholds Award of $265,000 to Prisoner Who Was Sexually Assaulted Twice by the Same Guard, Aug. 1, 2025
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025
- $340,000 for Former Massachusetts Prisoner Whose Baby Was Stillborn, July 15, 2025
- New Jersey Supreme Court Refuses Guard’s Challenge to Firing for Failing to Report Kiss with Prisoner, July 15, 2025
- New York City Loses Bid to Withhold Jail Records, July 15, 2025
- Eleventh Circuit Announces New Deliberate Indifference Framework in Dismissing Georgia Prisoner’s Claim for Skipped Anti-Seizure Meds, July 15, 2025
- Washington Jail Settles DOJ Allegations of ADA Noncompliance in Failure to Treat Opioid Use Disorder, July 15, 2025
- Ohio Supreme Court Says Sheriff Must Get and Disclose Records of Private Contractors, July 15, 2025
- Third Circuit Rejects U.S. Sentencing Commission Amended Compassionate Release Policy, July 15, 2025
- South Carolina Prisoners Granted Class-Action Status in Suit Over Low Wages in Prison Industries Jobs, July 15, 2025
More from these topics:
- Suit Filed Over Fatal Beating of New York Prisoner That Sparked Massive Guard Strike, Aug. 1, 2025. Guard Misconduct, Failure to Treat, Guard Brutality/Beatings, Restraints, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death).
- News in Brief, Aug. 1, 2025. Staff-Prisoner Assault, Private Prisons, Misconduct/Corruption, Guard Misconduct, Systemic Medical Neglect, Male Reproductive, Malpractice, Escapes, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Excessive Force (Wrongful Death), Juvenile Prisons, Bureau of Prisons (BOP), Bribery/Extortion/Theft.
- $2.6 Million Paid for Detoxing Washington Jail Detainee Allowed to Leap to His Death, Additional NaphCare Payout Undisclosed, Aug. 1, 2025. Drug/Alcohol Withdrawal, Failure to Treat, Failure to Protect (Wrongful Death).
- CDCR Held in Contempt, Fined $112 Million in Longstanding Litigation Over Mental Health Care, Aug. 1, 2025. Staffing, Mental Health, Failure to Treat (Mental Illness), Suicides.
- Lawsuits Filed After Fatal Assault on Elderly Prisoner at Kentucky Jail, July 15, 2025. Classification, Failure to Protect (Wrongful Death), Medical Neglect/Malpractice.
- First of 10 Guards Charged with Killing of New York Prisoner Pleads Guilty, July 15, 2025. Guard Brutality/Beatings, Excessive Force (Wrongful Death), False Statements/Perjury.
- 14th Alabama Sheriff’s Employee Pleads Guilty in Jail Detainee’s Death by Freezing, July 15, 2025. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- Sixth Guard Sentenced in West Virginia Killing of Pretrial Detainee, July 15, 2025. Failure to Protect (General), Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- $550,000 Settlement After Juvenile’s Suicide at Charlotte Jail, July 15, 2025. Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides, Failure to Protect (Juveniles).
- Watchdogs Fault Nebraska Prisons for Suicide Response, Overpaid Staff, June 1, 2025. Suicides, Guards/Staff, Staff Training.