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Fifth Circuit Denies Qualified Immunity to Louisiana Officials Who Forced Prisoner to Work with Broken Surgical Screws in Ankle
Loaded on May 1, 2025
by Anthony Accurso
published in Prison Legal News
May, 2025, page 10
Filed under:
Prison Labor,
Qualified Immunity,
Immunity - Absolute and Qualified,
Deliberate Indifference,
Fair Labor Standards Act (FLSA).
Location:
Louisiana.
by Anthony W. Accurso
At the United States Court of Appeals for the Fifth Circuit on August 22, 2024, a Louisiana prisoner defeated a claim of qualified immunity (QI) by Defendant officials with the state Department of Public Safety and Corrections (DPSC) in his suit to hold them …
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More from this issue:
- $1.2 Million in Settlements Reached in Suit Over Sacramento Jail Murder, by Douglas Ankney
- Multitudes Caged for Failure to Pay Child Support, Driving Mass Incarceration, by Matthew Clarke
- From the Editor, by Paul Wright
- Florida’s “Pay to Stay” Law: A Second Sentence for Former Prisoners
- Fifth Circuit Denies Qualified Immunity to Louisiana Officials Who Forced Prisoner to Work with Broken Surgical Screws in Ankle, by Anthony Accurso
- Study Finds Just 1% of Prisoner’s Eighth Amendment Claims Succeed
- Incarcerated Students Caught in Crosshairs of Trump War on Education Department
- Disbarred Cincinnati Defense Attorney Who Defrauded Prisoner Clients Gets Three-Year Sentence
- Wisconsin Prisoner Inhaled His Own Teeth in Fatal Beatdown
- South Carolina Conducts First U.S. Execution by Firing Squad in 15 Years
- Eleventh Circuit Revives Volunteer Pastor’s First Amendment Claim at Georgia Jail, by Douglas Ankney
- Trump Guts BOP Guard Union
- Los Angeles County Jails Record Almost One Death Every Nine Days
- Florida Prisoner Returns to Custody After Overturned Conviction Reinstated
- South Carolina Jailer Gets 10 Years for Sexually Assaulting Nine Detainees and Co-Workers
- Maryland Targets Highest-in-Nation Racial Incarceration Gap
- Idaho Warden Bought Execution Drugs on Roadside
- Connecticut Court Denies Access to Video of Prisoner’s Fatal Beat-Down by Guards
- Florida Prisoner Released to Die Settles With Centurion Over Ignored Prostate Cancer
- Wellpath Sanctioned for Discovery Violation in Suit Over Kentucky Prisoner’s Death, by Douglas Ankney
- Cruelty Is Now the Point for BOP
- New York Lifts Hiring Ban on Fired Striking Prison Guards, Announces Early Prisoner Releases
- Former Prisoner Appointed President’s Pardon “Czar”
- Oregon DOC Replaces Top Medical Staffers Amid Turmoil
- Rikers Island Staffers, Contractor and Detainee Sentenced for Smuggling
- Washington DOC On Hot Seat Over “Unexpected Fatalities,” Missed Autopsies
- 20 Charged in Nevada Prison Brawl That Left Three Dead
- Second Circuit Revives Connecticut Prisoner’s Challenge To Conditions In Virginia Lockup Where He Was Transferred, by Douglas Ankney
- Pittsburgh Lockup Accounts for 43% of Pennsylvania Jail TASER Use, Suit Filed
- Rikers Island Detainees Wait in “Black Hole” for Competency Treatment
- Mass Incarceration Weakens All Workers, by Eric Seligman, Brian Nam-Sonenstein
- Plans to Hold Migrants at Gitmo Hit Snag
- Third Circuit Denies Qualified Immunity to Pennsylvania DOC in Prisoner’s Challenge to 26 Years of Solitary Confinement
- Studies Link Incarceration with Lower Cancer Survival Rates—For Prisoner’s Partners, Too, by Anthony Accurso
- Virginia Bribes Prisoners Not to Set Themselves On Fire
- $2.95 Million Settlement for Untreated Pneumonia Death in Washington Jail
- Medical Copays Blamed for Reducing Prisoner Access to Healthcare
- New York Guards Indicted for Prisoner’s Murder
- Missouri Repeals “Pay-to-Stay” Law
- New Jersey DOC Sued Twice for Turning “Blind Eye” to “Pervasive” Drug-Smuggling Blamed for Prisoner Deaths
- $18,000 for New York Prisoner Who Alleged Guards Planted Shank in Cell
- Kansas Supreme Court Denies Compensation to Former Prisoner Whose Conviction Was Overturned
- Los Angeles County Pays $24 Million to Two Former Prisoners Wrongly Convicted as Teens of 1997 Murder, by Matthew Clarke
- Missouri Pays More Than $1.2 Million for Deputy Warden’s Sexual Harassment Claim Against Warden, by Douglas Ankney
- New Orleans Public Defender’s “Redeem Team” Says: “Re-entry Is Never Over”
- Texas Courts, Legislature at Odds over Executing Potentially Innocent Death Row Prisoner
- ACLU Sues BOP Over Failure to Implement First Step Act Release Credits, by Anthony Accurso
- Six Deaths in Eleven Months at Washington Jail
- New York Prisoner Awarded Almost $280,000 in Retaliation Claim Against Guards
- West Virginia Prison Chief Tapped to Helm BOP
- Crackdown On Pro-Palestinian Dissent Nabs New York Professor Who Found Link Between Cars and Incarceration
- Two California Prisoners Accused of Strangling Conjugal Visitors
- Wellpath Prepares Plan to Exit Bankruptcy
- Texas Prison Heat Declared Unconstitutional
- $3.4 Million Settlement for Minnesota Jail Death Called “Real-Life Nightmare”
- BOP Jettisons Transgender Offender Manual
- Kentucky Jail Sued for Detainee’s Death, Prisoner’s Stillborn Child
- Wait for Competency Restoration Averages 14 Months in Missouri Jails
- Jury Deadlocks at Trial of Last BOP Guard Accused at California “Rape Club”
- News in Brief
More from Anthony Accurso:
- Virginia Prisoners Stuck Waiting for Education Programs, Feb. 1, 2026
- $939,000 for Nevada Prisoner Left in Wheelchair by Delayed Back Pain Treatment, Jan. 1, 2026
- Ninth Circuit Affirms Exclusion of Plea Agreement’s Factual Basis, Holding Unaccepted “Type A” Plea Agreement Unenforceable to Trigger Waiver of Rule 410 Protections, Dec. 15, 2025
- America’s Deadliest Jails: Tarrant County Edition, Nov. 1, 2025
- Seventh Circuit Dismisses Jail Detainee Suicide Case for Lack of Showing Deliberate Indifference, Nov. 1, 2025
- Protecting Your Digital Privacy, Oct. 15, 2025
- Idaho Supreme Court Announces Warrantless Search of Civilly Committed Individual Violates Fourth Amendment, Oct. 15, 2025
- Michigan Supreme Court Announces Guidance on Standards for Search Warrants of Cellphones to Satisfy Particularity Requirement of Fourth Amendment That “Reasonably Direct” Search to Uncovering Evidence of Criminal Activity Identified in Warrant, Oct. 15, 2025
- Sixth Circuit: Erlinger Error Requires Resentencing Where Government Cannot Prove Beyond Reasonable Doubt That Jury Would Find Prior Offenses Committed on Different “Occasions”, Oct. 15, 2025
- How Nepotism in New York Prisons Cost Prisoners Their Lives, Oct. 1, 2025
More from these topics:
- 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.
- $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.
- $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.
- Texas Officials Testify That Cost to Air Condition Prisons Tops $1.5 Billion, May 1, 2026. Eighth Amendment, Exposure to Heat, Administrative Exhaustion (PLRA), Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- Federal Jury Awards $307.6 Million to Former Michigan Prisoner After Corizon Refused Surgery, Forcing Him to Wear Colostomy Bag for Two Years, May 1, 2026. Corizon, Systemic Medical Neglect, Cruel and Unusual Punishment, Damages - Compensatory, Deliberate Indifference.
- Judge Denies New York Prison Chief’s Motion to be Dismissed from Case Related to Robert Brooks’ Murder, May 1, 2026. Work Strikes, Guard Brutality/Beatings, Failure to Train/Supervise, Police--Excessive Force, Deliberate Indifference.
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- Missouri Prisons Called Out for Incomplete Death Records, Hellish Solitary Heat, April 1, 2026. DOC/BOP misconduct, Systemic Medical Neglect, Exposure to Heat, Confinement in Segregated Housing, Deliberate Indifference.
- Almost $1 Million in Settlements Paid to Three Nevada Prisoners, April 1, 2026. Cancer, Failure to Treat, Overdetention, Deliberate Indifference.

