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Third Circuit Revives Pennsylvania Prisoner’s Claims Against the State and Wellpath
Loaded on Dec. 1, 2025
by Michael Thompson
published in Prison Legal News
December, 2025, page 51
Filed under:
Failure to Treat,
Complaints,
Americans with Disabilities Act,
Rehabilitation Act,
Deliberate Indifference.
Location:
Pennsylvania.
by Michael Thompson
Jose Montanez was incarcerated in Pennsylvania on August 28, 2021 when he suddenly collapsed in his cell. His body was numb from the chest down and he was unable to move his legs and, he soon discovered, he became incontinent.
He alerted a guard …
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More from this issue:
- The Succession Battle for a Prison Empire, by Katya Schwenk
- From the Editor, by Paul Wright
- DOJ Leaves Louisiana Over-Detention Suit on Life Support, Two Others Granted Class-Action Status, by Chuck Sharman
- New Jersey Breaks Ground on New $330 Million Women’s Prison After Raid at Old Facility
- Colorado Children Sue County Jail to Fight Visitation Ban
- Record $42.75 Million Verdict in Louisiana Detainee’s Death in LaSalle Jail, by Chuck Sharman
- Prisoner Assaulted by BOP Guard and Left With Bleeding Rectum—Then the Cover-Up Began, by Chuck Sharman
- One Guard Pleads Guilty, Another Receives Light Sentence in New York Prisoner’s Killing, by Jo Ellen Nott
- Tennessee Seeks $13 Million Raise for CoreCivic, Despite Violations
- $1.9 Million Settlement in Washington Jail Death Includes Policy Changes, by Chuck Sharman
- Eighth Circuit: Former Prisoner’s Amended Complaint Filed After Release Not Subject to PLRA Exhaustion Requirement, by Chuck Sharman
- $7 Million Paid by Ohio County for Jail Detainee’s Death in Restraint Chair, by Chuck Sharman
- Wisconsin DOC Releases 1,700 Private Health Records by Mistake
- Suicidal West Virginia Prisoner Granted Transfer From 13-Year Solitary Confinement, by Chuck Sharman
- Iowa DOC Declines to Privatize State Prison Healthcare
- DOJ Settles With Orange County Over Use of “Jailhouse Snitches”, by Chuck Sharman
- Hawaii Prison Warden Reinstated After Being Fired in 2014 for Sexual Harassment, by Michael Thompson
- Oklahoma Prisoner Found Unconscious in Cell Hours After Avoiding Execution
- Sixth Circuit Affirms Denial of Qualified Immunity to Michigan Warden Whose Guards Gave Prisoner Plastic Bag Used in Suicide, by Chuck Sharman
- $4 Million Settlement Reached in Class Action Challenge to Conditions at Shuttered St. Louis “Workhouse” Jail, by Chuck Sharman
- First Circuit Greenlights Rhode Island Prisoner’s Damages Suit for Disastrous 450-Day Solitary Confinement, by Chuck Sharman
- Watchdog Calls Out BOP for Widespread Abuse of Restraints on Prisoners, by Chuck Sharman
- Second Circuit Vacates Finding that Prisoner Failed to Exhaust Administrative Remedies; Remands Conditions of Confinement and Due Process Claims, by Douglas Ankney
- Arkansas “Jailhouse Attorney” Secures Return from Retaliatory Transfer Out of State, by Chuck Sharman
- Fifth Circuit Upholds Dismissal of Suit by Civilly Committed Texan, by Matthew Clarke
- Disabled Prisoner Who Won $1.85 Million After Fall in Chicago Jail Secures Class Certification for Separate ADA Challenge to Jail Conditions, by Chuck Sharman
- Ex-Wife of Minnesota DOC Commissioner Sentenced for Poisoning Attempt on Son
- Mississippi Legislator Blasts VitalCore, DOC for Shoddy Prison Healthcare, by Chuck Sharman
- Louisiana Prisoner Granted Preliminary Injunction in Challenge to Jail Book Ban, by Chuck Sharman
- Over $222,000 in Legal Costs and Fees Awarded to HRDC in Florida Records Suit Against Centurion, by Chuck Sharman
- Louisiana Detainee Captured After Two Previous Escapes
- Hyundai and Kia Sued in California for Use of Prison Labor in Southern States
- Arkansas Prison Reaches ADA Settlement, by Chuck Sharman
- SCOTUS Stops Fourth Circuit from Tossing Federal Prisoner’s Appeal on Technicality, by Chuck Sharman
- $6.49 Million Settlement for 600,000 Prisoners in Massive CorrectCare Data Breach Class Action, by Chuck Sharman
- Brooklyn Jail Guard Convicted for Shooting and Car Chase, by Jo Ellen Nott
- $95,000 Settlement for Trans BOP Prisoner Assaulted by Cellmate in Arizona Lockup, by Chuck Sharman
- CDCR May No Longer Use Sentence Credits to Advance Parole Eligibility of Some California Prisoners Serving Indeterminate Sentences, by Chuck Sharman
- Huge $27.75 Million Verdict for Montana Prisoner Nearly “Beaten to Death” at CoreCivic Lockup, by Chuck Sharman
- Fourth Circuit Affirms Dismissal of Claims Against North Carolina Prison Doctor by Prisoner Nearly Killed by Avian Flu, by Chuck Sharman
- Repairs at Arkansas Prison Wastewater Plant Keep Getting Delayed
- Sixth Circuit Affirms Denial of Qualified Immunity to Jail Nurses in Suit Arising from Prisoner’s Death, by Douglas Ankney
- Wisconsin Prisoner Wins in Seventh Circuit Review of Exhaustive Remedies Case, by Michael Thompson
- Louisiana Prisoner’s Mother Sues Warden Following Son’s Death
- Suit by Mentally Disabled Detainees at South Carolina Jail Secures Class Certification; No Action on Damning DOJ Report, by Chuck Sharman
- Third Circuit Revives Pennsylvania Prisoner’s Claims Against the State and Wellpath, by Michael Thompson
- Washington Court of Appeals Refuses to Let DOC Play “Both Sides” with State Prisoner, by Chuck Sharman
- New York State Closes Yet Another Prison
- The BOP Is Closing a Los Angeles Prison Due to Falling Concrete
- Arrests by Trump-Backed Task Force Make Tennessee Jail Conditions Worse
- Broken Water Pipe Leads to Unsanitary Conditions at Montana State Prison
- $5,000 Settlement for Missouri Prisoner’s Retaliation Claim After Eighth Circuit Dismissed Due Process Claim Over Falsified Disciplinary Report, by Chuck Sharman
- Five New York Prison Guards Charged with Employment Fraud
- An AI Model from Securus Aims to Expand Phone Call Monitoring
- Prisoners and Detainees in the Gulf Coast Are Particularly at Risk from Natural Disasters
- Ten People Indicted in Three Separate Smuggling Schemes at a Maryland Prison
- New Hampshire Guard Abuse and Theft Uncovered Through Poaching Investigation
- Guards at an Infamous Mississippi Jail Mocked a Disabled Detainee
- Ninth Circuit Remands California Prisoner’s Case in which No Contest Plea Was Admitted as Evidence of Guilt, by Michael Thompson
- Maine Superior Court Order to Reform Public Defender System Paused on Appeal, by Douglas Ankney
- Ohio Sheriff Agrees to Outside Probe in Investigation of Jailed Double Amputee’s Death
- $8.5 Million for Family of Murdered Elderly Californian Detained for Cold Case Killings Based on “Genetic Genealogy”, by Chuck Sharman
- News in Brief
More from Michael Thompson:
- New Connecticut Law Changes PREA Standards, Sept. 1, 2026
- Rising Deaths in Los Angeles County Jail Linked to Longer Stays, Sept. 1, 2026
- Mental Health Diversion from New York State Jails Varies Widely by County, Sept. 1, 2026
- What 911 Calls Reveal About Jail Operations, Sept. 1, 2026
- Mississippi DOC Held Mentally Unwell Prisoners in Solitary, Many Died Because of It, Sept. 1, 2026
- North Carolina’s “Iryna’s Law” Leads to Jail Overcrowding, Sept. 1, 2026
- Delaware’s Lack of Prison Healthcare Oversight, Sept. 1, 2026
- GAO Report on ICE Jail in Fort Bliss Finds Independent Failures, Sept. 1, 2026
- Report Highlights Repeated Overdoses at Florida County Jail, Sept. 1, 2026
- Report Highlights Shortage of Wheelchairs at Michigan Women’s Prison, Sept. 1, 2026
More from these topics:
- “Nothing Short of Disgraceful”: New York Prisoner Wins Injunction Ordering Cancer Treatment Delayed Seven Years, Sept. 1, 2026. Cancer, Failure to Treat, Eighth Amendment, Injunctions, Deliberate Indifference.
- GAO Report on ICE Jail in Fort Bliss Finds Independent Failures, Sept. 1, 2026. Contractor Misconduct, Overcrowding, Security Systems, Americans with Disabilities Act, Immigration Detention.
- $100,000 Paid to Five Prisoners Assaulted by Centurion Gynecologist at Florida Lockup, Sept. 1, 2026. Staff-Prisoner Assault, Prison Rape Elimination Act, Contractor Liability, Monell Liability, Deliberate Indifference.
- BOP Denies Providing Substandard Dialysis Treatment Despite Prisoners’ Deaths, Court Filings, Understaffing and Lack of Oversight, Sept. 1, 2026. Systemic Medical Neglect, Private Contractors, Failure to Treat, Staffing, Inadequate Health Care Facilities.
- Mississippi DOC Held Mentally Unwell Prisoners in Solitary, Many Died Because of It, Sept. 1, 2026. Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness), Suicides, Staff Training, Deliberate Indifference.
- $280,000 Paid for South Carolina Detainee’s Death in Charleston Jail, Sept. 1, 2026. Private Contractors, Failure to Treat, Contractor Liability, Medical Neglect/Malpractice, Monell Liability.
- $5.4 Million Jury Verdict Against Riverside County in Suit Over Jail Fentanyl Death, Sept. 1, 2026. Failure to Treat, Drug Overdose, Failure to Protect (Wrongful Death), Monell Liability, Deliberate Indifference.
- States Claim to Invest in “Humane” New Prisons— But Prisons Were Never Humane, Sept. 1, 2026. Retaliation for Organizing, Hunger Strikes, Protests, Failure to Treat, Immigration Detention.
- Report Highlights Shortage of Wheelchairs at Michigan Women’s Prison, Sept. 1, 2026. Disabled Prisoners, Medication, Systemic Medical Neglect, Staffing, Deliberate Indifference.
- $3 Million Paid by San Diego County for Diabetic Detainee’s Jail Death; NaphCare Settles Separately for Undisclosed Amount, Sept. 1, 2026. Naphcare, Diabetes, Failure to Treat, Settlements, Medical Neglect/Malpractice.