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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 …

 

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  1. See No Evil, Hear No Evil, Treat No Evil: Centurion and the Curse of For-Profit Prison Healthcare, by J.D. Schmidt
  2. From the Editor, by Paul Wright
  3. $7.75 Million Paid by San Diego County After Jail Detainee Severely Injured in Fall from Top Bunk
  4. Alabama DOC Proves Truly “Heartless”
  5. Misadventures in Mail Censorship, by Robert Schaeffer
  6. Hear Us Now? Hearing Impaired Tennessee Prisoners Secure Injunction
  7. Private Prisons Hold Almost 100,000 Prisoners, 8% of Total U.S. Prison Population
  8. Fifth BOP Employee Sentenced in California “Rape Club,” Another Lawsuit Filed
  9. Another Report Verifies That Prison Deaths Soared During COVID-19 Pandemic
  10. Record-Setting $7 Million Settlement Caps LaSalle’s Legacy at Texarkana Jail, by Matthew Clarke
  11. 153 Killed in Custody in Salvadorian Gang Crackdown
  12. Washington Agencies Sanctioned for Discovery Violations Reach $3.1 Million Settlement with Disabled Woman Allegedly Abused at State Sanctioned Home
  13. Former L.A. County Jail Detainees Denied Promised Sentence Credits
  14. N.H.’s First Black Sheriff Charged With Embezzling $19,000
  15. Former Florida Guard Gets Five Years for Fatal Assault on Mentally Ill Prisoner
  16. Hurdles to Voting for Ex-Felons Rise in Tennessee and Virginia, Fall in Mississippi
  17. “Brushed It Under the Rug”: Investigation Refutes Florida Sheriff’s Story About Jail Detainee’s Death
  18. Corizon Health Bankruptcy Delayed by Revelation of Attorney’s Affair With Mediator
  19. Virginia Leads the Nation in K-9 Attacks on Prisoners
  20. Nearly $75 Million Class-Action Settlement Reached For Delayed Releases from N.Y.C. Jails
  21. Officials of Pennsylvania Guards Union Charged with Theft
  22. $10,000 Verdict for Fired Guard’s Failure to Protect Louisiana Prisoner From Stabbing, by David Reutter
  23. $9,000 Settlement for Florida Prisoner’s Retaliation and Excessive Force Claims Against Guards, by David Reutter
  24. Wisconsin Supreme Court: Jail Time Must Be Credited When Charge Causing Jailing Read in At Sentencing, by Matthew Clarke
  25. The Good That Prisoner Rights Lawyers Do
  26. Oklahoma Prisoner Uses COVID-19 Stimulus Check to Overturn Conviction
  27. New Head of “Constitutional Sheriffs” Calls MLK a “Thug”
  28. Eleventh Circuit Addresses First Amendment, Due Process Interests in Georgia Prisoner Emails
  29. Second Circuit Strips Qualified Immunity from Connecticut Officials Who Ignored Prisoner’s Scalp Lesions, by David Reutter
  30. Long Waits for Montana Jail Detainees Needing Competency Restoration Services
  31. West Virginia Pretrial Detainee’s Lawsuit for Sexual Abuse Survives Dismissal Stage, by David Reutter
  32. Eighth Circuit Says Arkansas Prisoner’s Medical Incapacity May Excuse PLRA Exhaustion Failure
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  34. Despite “Ban the Box” Laws, Most Prisoners Still Unemployed a Year After Release
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  43. Fifth Circuit Revives Suit Against Texas Jailers Who Tasered Detainee Suffering Epileptic Seizure, by Douglas Ankney
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  45. Nevada Prisoner Wins Injunction Requiring DOC to Provide Exercise Despite Guard Shortage
  46. Seventh Circuit Slams Illinois Civil Commitment Program but Reverses Injunction
  47. Florida Prisoners Not Required to File Rulemaking Petition to Satisfy PLRA Exhaustion Requirement, by David Reutter
  48. News in Brief

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