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Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled
by Douglas Ankney
In a maddening decision issued on July 16, 2024, the United States Court of Appeals for the Tenth Circuit managed to dismiss the excessive-force claim of a Colorado prisoner shot by a guard despite being shackled. Conveniently avoiding the merits of Brian Estrada’s suit, the …
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More from this issue:
- Deaths, Deplorable Conditions, Staff Misconduct Plague Memphis Jail
- From the Editor, by Paul Wright
- New Jersey Guard Sacked for Mocking George Floyd Killing Loses Appeal
- New York Suspends Solitary Ban to Woo Back Striking Prison Guards
- Porn Produced by Georgia Prisoners
- $7.15 Million for Oklahoma Prisoner Exonerated After Nearly 50 Years, by Anthony Accurso
- No State Oversight of Overcrowded, Understaffed, and Non-Compliant Idaho Jails
- North Carolina Reimburses Prisoner $2,500 for Law Books Destroyed by Guards, by Anthony Accurso
- No Sunshine on In-Custody Deaths in Sunshine State
- Little-Known Law Allows Some Texas Prisoners to Vote
- $1.35 Million in Settlements for One-Legged San Francisco Detainee Forced to Hop—Twice
- Ohio Pauses Executions, Louisiana and Arizona Race Ahead
- Self-Harming Wisconsin Prisoner Settles Failure-to-Protect Suit for $7,000, by Sam Rutherford
- Biden Clemency Recipients Included Virginians Sentenced for “Acquitted Conduct”
- 14 Overdoses in Two Weeks Leave One Dead at Phoenix Jail
- “Swing or Kick Rocks”: BOP Guard Alleges Conspiracy to Brutalize Prisoners at Kentucky Lockup
- $1 Million Partial Settlement for Washington Jail Detainee’s Leg Amputation
- Tucson Program Slashes Pretrial Misdemeanor Incarceration
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, by Douglas Ankney
- $42 Million Jury Award for Detainees Tortured by U.S. Military at Abu Ghraib Prison
- Pardoned Insurrectionists Brought to D.C. Jail Demanded Others’ Immediate Release
- Houston Jail Cited for State-Law Violations Twice in a Month
- A Song for Condemned Alabama Prisoner
- Three Former Virginia Jailers Charged After Detainee Dies in “WRAP” Restraint
- Ninth Circuit: No Exception to Due Diligence in Discovery Even for “Conclusive Evidence”, by Anthony Accurso
- Sixth Circuit: Dismissals of Mixed-Claim Complaints Not Strikes Under PLRA
- Former Indiana Jailer Walks from Charges Over “Night of Terror”
- National Class Certified in Washington Jail Debit-Release Card Suit
- CoreCivic Will Cage Migrant Families in Texas Lockup
- Three More Prisoners Die, Three More Staffers Fired at Wisconsin Prison
- Jailing the Homeless: New Data Shed Light on Unhoused People in Local Jails, by Leah Wang
- GTL, Co-Defendant Agree to $21.3 Million Settlement with HRDC in Price-Fixing Lawsuit
- No Opened Envelopes: Hawai’i Prisons Get New Mail Scanning Technology
- GEO Group Gets $1 Billion ICE Contract at New Jersey Lockup
- DOJ Finds “Horrific” Unconstitutional Conditions at Atlanta Jail
- Alabama Governor Commutes Death Sentence
- Nurse Charged, $2.6 Million Settlement Reached in Minnesota Jail Death
- $4 Million Settlement Approved in HRDC’s Oregon Debit-Release Card Suit
- California Stops Raiding Released Prisoners’ Gate Money
- Tenth Alabama Jail Employee Pleads Guilty in Detainee’s Freezing Death
- Muslim Prisoners Face Price-Gouging
- $250,000 Settlement But No Charges After Alabama Guards Beat Prisoner To Death, by Anthony Accurso
- GOP Washington Lawmaker Trolls Felon Enfranchisement Proponents
- Ninth Circuit: Posting Jail Mugshots on Arizona County’s Website Violates Substantive Due Process
- Half of Hawai’i Prisoners Released With No ID
- Georgia Fights Liability for Strip-Searching Prison Visitor, Nevada Pays $126,500
- Peters Fights Dismissal from BOP, Guards Lose Bonus Pay
- Southern Health Partners Settles Suit Over Kentucky Jail Meth Death
- Federal Watchdog Calls Out BOP for Spiking Suicide Risk at Pennsylvania Lockup, by Matthew Clarke
- Wisconsin DOC Agrees to Improve Services for Hearing-Impaired Prisoners
- $2.5 Million Settlement After South Carolina Jail Detainee Lost 2 Lbs.Per Day and Died, by Anthony Accurso
- More New York Guards Suspended After Another Prisoner’s Fatal Beating
- Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim, by Douglas Ankney
- Eighth Circuit: Arkansas Prisoner Who Had Consensual Sex With Guard Cannot Sustain Eighth Amendment Claim, by Matthew Clarke
- Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, by David Reutter
- D.C. Circuit Reverses Dismissal of Federal Prisoner’s Complaint Due to PLRA Three-Strikes Rule
- TDCJ to Run Out of Beds in 2025, by Matthew Clarke
- News in Brief
- Shrewd Federal Prisoner Salvages $5,000 from Suit Against Arkansas Jail Where He Was Held Pre-Trial, by Anthony Accurso
More from Douglas Ankney:
- Barbaric and Deadly Conditions Continue to Plague Los Angeles County Jails, Feb. 1, 2026
- Killings Inside Mississippi’s Prisons Continue Unabated But Report Prompts DOC to Reopen Investigations, Feb. 1, 2026
- Competency Crisis in Missouri’s Jails, Feb. 1, 2026
- Ninth Circuit: Notice of Appeal of Order Denying Qualified Immunity Must Be Filed Within 30 Days of Entry, Feb. 1, 2026
- Fifth Circuit Rules Against Louisiana Prisoner Seeking to Recoup Money Made at Angola Prison Rodeo, Jan. 1, 2026
- Report on “Pay-to-Stay” Fees Makes Strong Case for Their Repeal, Jan. 1, 2026
- Maryland Agrees to Pay $30,000 to Prisoner Who Was Beaten by Guards While Handcuffed, Jan. 1, 2026
- Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026
- Third Circuit Rules Awarding BOP Prisoners 54 Days of Good Time Per Year Is Pro-Rated, Jan. 1, 2026
- Utah Supreme Court Announces Framework for Analyzing Combined Brady and Napue Violations, Affirms Postconviction Relief in Capital Murder Case, Jan. 1, 2026
More from these topics:
- U.S. District Court in Arizona Grants Summary Judgment in Favor of Prisoner Denial of Forms for Challenging 455 Days of Solitary, Jan. 1, 2026. Totality of Conditions, Administrative Exhaustion (PLRA), Control Units/SHU/Solitary Confinement, Chemical Spraying of Mentally Ill Inmates, Deliberate Indifference.
- Second Circuit Vacates Finding that Prisoner Failed to Exhaust Administrative Remedies; Remands Conditions of Confinement and Due Process Claims, Dec. 1, 2025. Totality of Conditions, Failure to Protect (General), Administrative Exhaustion (PLRA), Municipal Liability, Ad-Seg Hearings.
- Eighth Circuit: Former Prisoner’s Amended Complaint Filed After Release Not Subject to PLRA Exhaustion Requirement, Dec. 1, 2025. Failure to Treat, Administrative Exhaustion (PLRA), Complaints, Cruel and Unusual Punishment, Deliberate Indifference.
- Brooklyn Jail Guard Convicted for Shooting and Car Chase, Dec. 1, 2025. Guard Misconduct, Shootings, Guards/Staff, Wrongful Use of Force, Authority and Jurisdiction.
- Wisconsin Prisoner Wins in Seventh Circuit Review of Exhaustive Remedies Case, Dec. 1, 2025. Failure to Treat, Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Jury Trial.
- Ninth Circuit Finds No Bivens Extension Needed for Federal Prisoner Prescribed Water and Exercise for Thyroid Storms, Nov. 1, 2025. Systemic Medical Neglect, Administrative Exhaustion (PLRA), Civil Rights Actions or Offenses/Bivens Actions, Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- Appeals Court Allows Illinois Prisoner’s Suit for Failure to Exhaust Administrative Remedies, Nov. 1, 2025. Failure to Treat, Administrative Exhaustion (PLRA), Summary Judgment, 42 U.S. Code § 1983, civil action for deprivation of rights, Hearsay Evidence/Exceptions.
- Appeals Court Rules Michigan’s Tolling Provision Is Not Inconsistent with the PLRA, Nov. 1, 2025. Administrative Exhaustion (PLRA), Limitations, 42 U.S. Code § 1983, civil action for deprivation of rights, Tolling of Statutes of Limitations and Laches.
- SCOTUS Partially Overturns Pavey, Holds PLRA Exhaustion Dispute Must Go to Jury Even If Intertwined with Merits of Michigan Prisoner’s Claim, Aug. 1, 2025. Administrative Exhaustion (PLRA).
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025. Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Prison Litigation Reform Act (PLRA).

