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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 …
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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
- BOP Hires Sentencing Reform Advocate
- Federal Watchdog Slams BOP for Sham Accreditations, by Matthew Clarke
- 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
- Georgia Sheriff Takes $160,000 Kickback from Pay Tel for Video Visitation
- Decoding Recidivism: Unraveling Its Complex Metrics and Real Impact
- 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
- Mentally Ill Detainee Allegedly Tasered and Starved to Death At South Carolina Jail
- $8.9 Million Settlement Reached for N.Y. Prisoner’s Death Following Guards’ Baton Beating, by David Reutter
- 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:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- He Died in a Florida Jail. The Company in Charge Should Have Sent Him to the Hospital, Experts Say., July 1, 2026. Armor Correctional Health Services, Systemic Medical Neglect, Medical Neglect/Malpractice.
- CoreCivic’s Long Record of Abuse and Neglect in Tennessee, June 1, 2026. Corrections Corporation of America/CoreCivic, Systemic Medical Neglect, Guard Brutality/Beatings, Medical Neglect/Malpractice.
- Hospital Keeps Sending Detainees Back Without Care to County Jail in Colorado, May 1, 2026. Jail Misconduct, Private Contractors, Failure to Treat, Medical Neglect/Malpractice, Deliberate Indifference.
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- Pregnant Women Detained in Jail: The Hideous Story of In-Custody Births, May 1, 2026. Systemic Medical Neglect, OB/GYN, Failure to Treat, Jail Specific, Medical Neglect/Malpractice.
- $9.8 Million in Settlements Reached with South Carolina County and Wellpath in Gruesome Jail Death, May 1, 2026. Failure to Treat, Sanitation, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- “Like the Walking Dead”: Smuggled Drugs Fuel Chaos Inside Ohio Prisons, May 1, 2026. Contractor Misconduct, Guard Misconduct, Drug Overdose, Security Systems, Drugs - Determination of.
- NaphCare Pays $875,000 to Settle New York License Violations, Banned from State for Five Years, May 1, 2026. Naphcare, Contractor Misconduct, Systemic Medical Neglect, Private Contractors, Medical Neglect/Malpractice.
- $2.135 Million Partial Settlement Reached in Schizophrenic Detainee’s Death from “Gross Medical Neglect” at South Carolina Jail, May 1, 2026. Prison Health Services, Failure to Treat, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- Faced with Record-Breaking Jail Deaths, L.A. County Supervisors Tell Sheriff’s Department to Improve Access to Naloxone, Camera Monitoring, and Security Checks at California Jail, May 1, 2026. Drug Overdose, Overcrowding, Sanitation, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).

