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Second Circuit Strips Qualified Immunity from Connecticut Officials Who Ignored Prisoner’s Scalp Lesions by David Reutter by David M. Reutter Observing that “Eighth Amendment claims for the deprivation of medical care are not analyzed body-part by body-part,” the U.S. Court of Appeals for the Second Circuit ruled on July 14, …
Eleventh Circuit Addresses First Amendment, Due Process Interests in Georgia Prisoner Emails by New communications technology introduced in prisons and jails has raised questions as to how prisoners’ First Amendment rights are implicated. Such concerns were addressed by the U.S. Court of Appeals for the Eleventh Circuit on June 23, …
Fifth Circuit Revives Suit Against Texas Jailers Who Tasered Detainee Suffering Epileptic Seizure by Douglas Ankney On July 18, 2023, the U.S. Court of Appeals for the Fifth Circuit reversed a district court’s grant of summary judgment to jailers who tasered a detainee suffering an epileptic seizure at the Pasadena …
Article • December 1, 2023 • from PLN December, 2023
NaphCare Nurse Faces Liability in Ohio Detainee’s Death from Sickle Cell Disease by David Reutter by David M. Reutter On May 1, 2023, the U.S. Court of Appeals for the Sixth Circuit reversed the grant of summary judgment to a NaphCare nurse accused of deliberate indifference to a pretrial detainee’s …
Article • October 15, 2023 • from PLN October, 2023
Wexford Faces Liability for Indiana Prisoner’s Delayed Specialist Referral by David Reutter by David M. Reutter On March 3, 2023, the U.S. District Court for the Southern District of Indiana only partly granted a motion for summary judgment filed by prison medical profiteer Wexford Health Sources, Inc. and its employees …
Article • September 15, 2023 • from PLN September, 2023
New York Prison System Found Liable for Failure to Protect Prisoner from Assault by On July 19, 2022, the New York Court of Claims found the state’s Department of Corrections and Community Supervision (DOCCS) partially liable for failing to protect a prisoner from being assaulted by another prisoner. Jeremy Sanchez …
Armor Correctional Healthcare Denies Liability in Detainee’s Death From Missed Medication at Duval County Jail by Chuck Sharman by Chuck Sharman In a statement to a local Jacksonville news station on June 6, 2023, the healthcare provider for at the Duval County Jail denied wrongdoing in the death of a …
Sixth Circuit Won’t Hold Michigan County Liable After Mentally Ill Prisoner Impregnates Another by Harold Hempstead by Harold Hempstead On May 3, 2022, the U.S. Court of Appeals for the Sixth Circuit affirmed summary judgment favoring for defendant officials with Wayne County, Michigan, in a complaint filed by one mentally …
Enyart v. Cnty. of San Bernardino, CA, Complaint, Wrongful Death, 2023 Case 5:23-cv-00540 Document 1 Filed 03/27/23 Page 1 of 36 Page ID #:1 1 2 3 4 5 6 7 8 9 10 11 12 13 Danielle R. Pena, Esq., SBN 286002 dpena@PHGLawGroup.com PHG Law Group 501 West Broadway, …
Florida Makes Parolees Criminally Liable for Accidental Voter Registration Fraud by David Reutter by David M. Reutter Florida took a significant step towards charging more ex-convicts with voter fraud, eight days after Gov. Ron DeSantis (R) announced the first 20 arrests in August 2022. [See: PLN, Jan. 2023, p.18.] On …
Article • July 25, 2022
Fourth Circuit Refuses to Hold North Carolina Liable After State Prisoner Murders Guard by Harold Hempstead by Harold Hempstead On November 17, 2021, the U.S. Court of Appeals for the Fourth Circuit held that no civil rights violation had been committed by North Carolina officials in the murder of a …
Seventh Circuit Refuses to Hold Wexford Liable for Prisoner’s Pain from Medical Transports in “Black Box” Restraint by David Reutter David M. Reutter For prison officials and healthcare providers who refused to grant an Illinois prisoner an exemption from wearing “black box restraints” during medical transport, a federal district court …
Article • June 1, 2022 • from PLN June, 2022
Filed under: Parole, Qualified Immunity
Ninth Circuit Holds California Prison Officials Entitled to Legislative Immunity When Promulgating Rules by David Reutter by David M. Reutter On August 20, 2021, the U.S. Court of Appeals for the Ninth Circuit affirmed an order finding officials with the California Department of Corrections and Rehabilitation (CDCR) are immune to …
Article • May 1, 2022 • from PLN May, 2022
$6,500 Paid by Nevada DOC After Ninth Circuit Affirms Denial of Qualified Immunity for Withholding Evidence From Prisoner Accused of Smuggling Meth in Mail by David Reutter by David M. Reutter AS PREVIOUSLY REPORTED BY PLN, OFficials with the Nevada Department of Corrections (DOC) in 2020 lost a suit filed …
Article • April 1, 2022 • from PLN April, 2022
Eighth Circuit Denies Qualified Immunity to Private Companies Providing Missouri Prisoner’s Health Care by Matthew Clarke by Matt Clarke On August 24, 2021, the U.S. Court of Appeals for the Eighth Circuit held that private companies providing health care for prisoners are not entitled to assert qualified immunity or appeal …
Article • April 1, 2022 • from PLN April, 2022
Tenth Circuit Denies Qualified Immunity to Colorado Prison Officials Who Shut Down Native American Religious Activities by Jayson Hawkins by Jayson Hawkins On July 21, 2021, the U.S. Court of Appeals for the Tenth Circuit affirmed the ruling of a lower court in Colorado that denied a motion by state …
Brief • March 16, 2022
Filed under: Parole Liability
Pendam v. State of Maharashtra, India, Oral Judgment, Emergency Parole, 2021 1 Judgment wp537.21.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 537/2021 Hanuman Anandrao Pendam, Convict No. C/8026, Aged 33 years, Occ. Nil, Confined at Central Prison, Nagpur …. PETITIONER(S) // VERSUS …
Article • January 1, 2022 • from PLN January, 2022
Filed under: Supervisory Liability
Second Circuit: Supervisor Must Have Subjective Knowledge of Sexual Abuse by Guards to Be Liable by On December 28, 2020, the United States Court of Appeals for the Second Circuit held that a prisoner who was sexually abused by three guards must prove their supervisor had subjective knowledge of the …
Brief • December 6, 2021
McHenry County v. Raoul, IL, Order, Way Forward Act, 2021 Case: 3:21-cv-50341 Document #: 41 Filed: 12/06/21 Page 1 of 8 PageID #:439 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION McHenry County, et al., vs. Plaintiff, Kwame Raoul, Defendant. ) ) ) ) …
Article • December 1, 2021 • from PLN December, 2021
Eighth Circuit Holds Arkansas Jailers Entitled to Qualified Immunity in Prisoners’ Suit Over Black Mold in Showers, Lack of Cleaning Supplies by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Eighth Circuit held that Arkansas jailers were entitled to qualified immunity in a lawsuit brought by …
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