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Third Circuit Denies Qualified Immunity to Pennsylvania Jail Guards and PrimeCare in Detainee’s Overdose Death
Loaded on July 1, 2024
by David Reutter
published in Prison Legal News
July, 2024, page 21
Filed under:
Primecare Medical,
Drug Overdose,
Qualified Immunity,
Medical Neglect/Malpractice.
Location:
Pennsylvania.
by David M. Reutter
On December 6, 2023, the U.S. Court of Appeals for the Third Circuit affirmed denial of qualified immunity (QI) to defendant officials with Pennsylvania’s Harrisburg Police Department (HPD) and the contracted medical provider for Dauphin County Booking Center (DCBC), PrimeCare Medical, in a suit accusing ...
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More from this issue:
- Alaska’s Prison System: Dangerous, Deadly Yet Repeating Past Mistakes, by David Reutter
- From the Editor, by Paul Wright
- For Beating Handcuffed Prisoners, Former Alabama Guard Supervisor Gets 87 Months
- North Carolina’s Largest City Elects First Ex-Prisoner to Council
- Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial
- Four BOP Guards Sentenced for Three Federal Prisoner Assaults at Kentucky Lockup
- Seventh Kentucky Guard Sentenced for Restrained Prisoner’s Beat-down
- “Botched” and “Ill-Conceived”: BOP Slammed for Plan to Close California Lockup Known as “Rape Club”
- Idaho Stopped From Repeatedly Scheduling Executions That It Cannot Carry Out, by Douglas Ankney
- Securus Wipes Out Months of Washington Prisoners’ Writing—Again
- “You Just Broke My Neck”: Ohio Detainee Sues Jail Where Guards Are Accused of Multiple Assaults
- In New Jersey, Yet More Privileged Phone Calls Between Prisoners and Attorneys Recorded and Used by Prosecutors, by Douglas Ankney
- Federal Watchdog Slams BOP for Sham Accreditations, by Matthew Clarke
- BOP Hires Sentencing Reform Advocate
- Cleveland Jail Warden Dismissed After Asking for More Reentry Assistance for Detainees
- Exonerated Prisoner Sues New York City for 16 Years of Wrongful Incarceration
- Oregon Parole Board Ordered to Consider Sex-Offense-Free Time When Setting Sex Offender Notification Levels
- Third Circuit Denies Qualified Immunity to Pennsylvania Jail Guards and PrimeCare in Detainee’s Overdose Death, by David Reutter
- Ninth Circuit: Alleged Denial of Hepatitis C Treatment to Federal Prisoner in Washington Presents Valid Bivens Claim, by David Reutter
- Colorado Program Employs Prisoners as Professors
- Washington, Virginia Advance Bills to Make Prison Calls Free
- Decoding Recidivism: Unraveling Its Complex Metrics and Real Impact
- Georgia Sheriff Takes $160,000 Kickback from Pay Tel for Video Visitation
- Hope Against Hope, by Daryl Waters
- Tennessee DOC Faulted for High Staff Vacancy and Turnover, Inadequate Programs, PREA Violations
- “You Are Not Above the Law”: Former Indiana Sheriff Jailed for Contempt of Court
- $15,000 Net Award for Georgia Prisoner’s Delayed Hep-C Treatment, by David Reutter
- West Virginia Slammed for High Costs, Low Quality of Privatized Prison Food
- CoreCivic Sued by Former Detainee Stabbed at Shuttered Kansas Jail, by David Reutter
- $500,000 for Texas Teen Sodomized in Jail
- Seventh Circuit Finds No Problem With Surveillance of Chicago Detainees on Toilets, by David Reutter
- Warden, Eight Employees Arrested After Four Deaths at Wisconsin Prison in Eight Months
- Pell Grant Restoration Not Reaching All Prisoners
- Colorado Jail Guard Must Stand Trial for Opening Accused Sex Offender’s Cell, Subjecting Him to Assault, by David Reutter
- Wrongfully Convicted Michigan Prisoners Wait for Compensation
- Illinois Prisoner Awarded Over $822,000 For Hernia Care Denied by Wexford Health, by Douglas Ankney
- Minnesota Jailers Shrug Off Detainee’s Agony from Fatal Perforated Bowel as Withdrawal Symptoms
- Hearing-Impaired Massachusetts Prisoners Win ADA Case
- Virginia Legislature Tables “Second-Look” Bills
- Federal Sentencing Guidelines Place Heavy Burden on Incarcerated Victims of Sexual Assaults, by David Reutter
- Pennsylvania Supreme Court Slows the Hand That State DOC Sticks Into Prisoners’ Pockets, by David Reutter
- Seventh Circuit Affirms Dismissal of Retaliation Claim By Federal Prisoner Against Guard in Illinois Lockup Who Saw Grievance Against Him, by Matthew Clarke
- $8.9 Million Settlement Reached for N.Y. Prisoner’s Death Following Guards’ Baton Beating, by David Reutter
- Mentally Ill Detainee Allegedly Tasered and Starved to Death At South Carolina Jail
- Maryland County Wins Fight to Let Bureaucrats Make Pretrial Release Decisions, by David Reutter
- Eighth Circuit Largely Restores Qualified Immunity to Minnesota Jail Guards in Use of Force on Bipolar Prisoner, by David Reutter
- Maryland Prisoner Prevails in Challenge to Denial of Public Records Requests
- $2 Million Settlement in Death of Mentally Disabled Detainee Stripped of Anti-Seizure Device at Colorado Jail, by David Reutter
- Two Who Escaped from Arkansas Jail Recaptured
- Despite Unemployment Spike, Alabama Refuses Prisoners Work-Release Paroles
- Ohio Supreme Court Says Prisoner’s ‘Kite’ Is Public Record, But Denies Damages for Withholding It, by Matthew Clarke
- $56.7 Million Awarded to “Harlem Park Three,” Exonerated of Baltimore Murder After 36 Years in Prison, by David Reutter
- Missouri Muslim Prisoners Advance Suit Against Guards For Assault During Prayer, by Douglas Ankney
- Sixth Circuit Revives Ohio Prisoner’s Retaliation Claim That Guards Got Him Kicked Out of Religious Group, by David Reutter
- $4 Million Settlement in Class Action Challenging Unconstitutional Conditions at West Virginia Jail, by David Reutter
- Transgender Maryland Prisoner’s Suit Accuses Guard of Shower Rape
- Two Prisoners Removed from Texas Death Row Due to Intellectual Disability, by David Reutter
- News in Brief
More from David Reutter:
- 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
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
More from these topics:
- 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.
- Third Circuit Denies Qualified Immunity to Pennsylvania DOC in Prisoner’s Challenge to 26 Years of Solitary Confinement, May 1, 2025. Qualified Immunity, Control Units/SHU/Solitary Confinement.
- Six Deaths in Eleven Months at Washington Jail, May 1, 2025. Private Contractors, Medical Neglect/Malpractice.
- Los Angeles County Jails Record Almost One Death Every Nine Days, May 1, 2025. Overcrowding, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- Wellpath Sanctioned for Discovery Violation in Suit Over Kentucky Prisoner’s Death, May 1, 2025. Private Contractors, Medical Neglect/Malpractice, Brady/Giglio/Jencks Act Issues.
- $3.4 Million Settlement for Minnesota Jail Death Called “Real-Life Nightmare”, May 1, 2025. Drug Overdose, Settlements, Medical Neglect/Malpractice.
- Fifth Circuit Denies Qualified Immunity to Louisiana Officials Who Forced Prisoner to Work with Broken Surgical Screws in Ankle, May 1, 2025. Prison Labor, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference, Fair Labor Standards Act (FLSA).
- $2.95 Million Settlement for Untreated Pneumonia Death in Washington Jail, May 1, 2025. Contagious Disease -- Misc., Medical Neglect/Malpractice.
- Kentucky Jail Sued for Detainee’s Death, Prisoner’s Stillborn Child, May 1, 2025. Guard Brutality/Beatings, Medical Neglect/Malpractice, Children of Prisoners, Deliberate Indifference.
- 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.