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West Virginia Pretrial Detainee’s Lawsuit for Sexual Abuse Survives Dismissal Stage
Loaded on Jan. 1, 2024
by David Reutter
published in Prison Legal News
January, 2024, page 44
Filed under:
Prisoner-Prisoner Assault,
Sex Offenders (Discrimination),
Failure to Protect (General).
Location:
West Virginia.
by David M. Reutter
On June 9, 2023, the Supreme Court of Appeals of West Virginia affirmed denial of defendant state prison officials’ motion to dismiss all but a negligent supervision and training claim that arose from a sexual and physical assault on a pretrial detainee at Potomac Highlands Regional ...
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More from this issue:
- See No Evil, Hear No Evil, Treat No Evil: Centurion and the Curse of For-Profit Prison Healthcare, by J.D. Schmidt
- From the Editor, by Paul Wright
- $7.75 Million Paid by San Diego County After Jail Detainee Severely Injured in Fall from Top Bunk
- Alabama DOC Proves Truly “Heartless”
- Misadventures in Mail Censorship, by Robert Schaeffer
- Private Prisons Hold Almost 100,000 Prisoners, 8% of Total U.S. Prison Population
- Hear Us Now? Hearing Impaired Tennessee Prisoners Secure Injunction
- Fifth BOP Employee Sentenced in California “Rape Club,” Another Lawsuit Filed
- Another Report Verifies That Prison Deaths Soared During COVID-19 Pandemic
- Record-Setting $7 Million Settlement Caps LaSalle’s Legacy at Texarkana Jail, by Matthew Clarke
- 153 Killed in Custody in Salvadorian Gang Crackdown
- Former L.A. County Jail Detainees Denied Promised Sentence Credits
- Washington Agencies Sanctioned for Discovery Violations Reach $3.1 Million Settlement with Disabled Woman Allegedly Abused at State Sanctioned Home
- Former Florida Guard Gets Five Years for Fatal Assault on Mentally Ill Prisoner
- N.H.’s First Black Sheriff Charged With Embezzling $19,000
- Hurdles to Voting for Ex-Felons Rise in Tennessee and Virginia, Fall in Mississippi
- “Brushed It Under the Rug”: Investigation Refutes Florida Sheriff’s Story About Jail Detainee’s Death
- Corizon Health Bankruptcy Delayed by Revelation of Attorney’s Affair With Mediator
- Virginia Leads the Nation in K-9 Attacks on Prisoners
- Nearly $75 Million Class-Action Settlement Reached For Delayed Releases from N.Y.C. Jails
- Officials of Pennsylvania Guards Union Charged with Theft
- $10,000 Verdict for Fired Guard’s Failure to Protect Louisiana Prisoner From Stabbing, by David Reutter
- $9,000 Settlement for Florida Prisoner’s Retaliation and Excessive Force Claims Against Guards, by David Reutter
- Wisconsin Supreme Court: Jail Time Must Be Credited When Charge Causing Jailing Read in At Sentencing, by Matthew Clarke
- Oklahoma Prisoner Uses COVID-19 Stimulus Check to Overturn Conviction
- The Good That Prisoner Rights Lawyers Do
- New Head of “Constitutional Sheriffs” Calls MLK a “Thug”
- Eleventh Circuit Addresses First Amendment, Due Process Interests in Georgia Prisoner Emails
- Second Circuit Strips Qualified Immunity from Connecticut Officials Who Ignored Prisoner’s Scalp Lesions, by David Reutter
- Long Waits for Montana Jail Detainees Needing Competency Restoration Services
- West Virginia Pretrial Detainee’s Lawsuit for Sexual Abuse Survives Dismissal Stage, by David Reutter
- Eighth Circuit Says Arkansas Prisoner’s Medical Incapacity May Excuse PLRA Exhaustion Failure
- Deaths While Incarcerated Up 18% in Louisiana
- Despite “Ban the Box” Laws, Most Prisoners Still Unemployed a Year After Release
- Seventh Circuit Reinstates Illinois Prisoner’s Claim Against Kitchen Supervisor for Scalding From Spilled Hot Water
- George Floyd’s Killer Stabbed 22 Times in Federal Prison in Arizona
- Former New Mexico Guard Convicted of Sexually Assaulting Prisoner, Suit Filed
- Ed Mead: Rest in Power, by Paul Wright
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- The “Lunacy Zone:” How Mississippi Jails 700 Mentally Ill People a Year Without Charges
- Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement
- Maine Ends Prison Gerrymandering
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- West Virginia High Court Decides Medical Practice Liability Act Not Applicable to Prison System, by David Reutter
- Nevada Prisoner Wins Injunction Requiring DOC to Provide Exercise Despite Guard Shortage
- Seventh Circuit Slams Illinois Civil Commitment Program but Reverses Injunction
- Florida Prisoners Not Required to File Rulemaking Petition to Satisfy PLRA Exhaustion Requirement, by David Reutter
- News in Brief
More from David Reutter:
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- $6 Million Settlement in Illinois Detainee’s Gruesome Untreated Heroin Withdrawal Death, June 1, 2025
- Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of Appeals, April 15, 2025
- Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises, April 15, 2025
- Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, April 1, 2025
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
More from these topics:
- Former Wisconsin Warden Gets No Cell Time, $500 Fine After Prisoner Deaths, June 1, 2025. Misconduct/Corruption, Guard Misconduct, Failure to Protect (General).
- Retired California Prison Guard Killed in Colorado Jail, June 1, 2025. Failure to Protect (General), Failure to Treat (Mental Illness).
- $52,500 for Trans Florida Prisoner Sexually Assaulted by Cellmate, June 1, 2025. Prisoner-Prisoner Assault, Retaliation for Filing Grievances, Failure to Protect (Transgender).
- Ninth Circuit Revives Complaint Over Sloppy Cell Checks Before Psychotic Detainee’s Death at L.A. Jail, June 1, 2025. Failure to Protect (General), Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides.
- Kansas Pays $150,000 for Prisoner Killed by Cellmate, Centurion Settlement Confidential, June 1, 2025. Classification, Failure to Protect (General), Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness).
- Four Arizona Prisoners Dead After Being Celled with Leader of 2004 Standoff, June 1, 2025. Classification, Failure to Protect (General).
- Rural Virginia Jury Refuses to Hold Guards Liable for State Prisoner’s Death, June 1, 2025. Failure to Protect (General), Guard Brutality/Beatings, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness).
- $1.3 Million for Massachusetts Prisoner Stabbed by Guard in Connecticut Lockup, June 1, 2025. Guard Misconduct, Failure to Protect (General), Guard Brutality/Beatings.
- No Evacuations for Los Angeles Prisoners in Wildfire’s Path, March 1, 2025. Failure to Protect (General), Fire Hazards.
- ‘Eye Opening’ Self-Harm Found in Washington DOC Solitary Confinement, March 1, 2025. Failure to Protect (General), Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness).