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Alaska Supreme Court Revives Prisoner’s Claim for 11-Month Solitary Confinement That DOC Admitted Was Improper by Douglas Ankney by Douglas Ankney On December 22, 2023, the Supreme Court of Alaska reversed dismissal of a state prisoner’s claim for intentional infliction of emotional distress (IIED) against officials with the state Department …
Article • August 15, 2024 • from PLN August, 2024
Fourth Circuit Revives Claim Over North Carolina Jail Suicide by Douglas Ankney by Douglas Ankney In an important decision, the U.S. Court of Appeals for the Fourth Circuit ruled on December 8, 2023, that pretrial detainees no longer need show that a detention official “knew of and disregarded a substantial …
Article • June 1, 2024 • from PLN June, 2024
Michigan Makes Voting Rights Restoration Automatic for Prisoner’s at Release by On November 30, 2023, Michigan Gov. Gretchen Whitmir (D) signed HB 4983, a measure that makes voter registration automatic for state prisoners upon release. With that, the state became the first in the nation to make voter registration the …
Fourth Circuit Moves North Carolina Prisons Closer to Recognizing Nation of Gods and Earths by Matthew Clarke by Matt Clarke On December 13, 2023, the U.S. Court of Appeals for the Fourth Circuit held that a group of North Carolina prisoners can be treated like adherents of a religion even …
BOP Rolls Out Veterans-Only Housing at Federal Prison in Texas by In an article published by the Vanguard at Berkeley on October 15, 2023, a new program was reported at the Federal Correctional Institution in Seagoville, Texas: A dorm exclusively for prisoners who are veterans of the U.S. military. Federal …
Article • April 26, 2024
Eleventh Circuit: “More than Gross Negligence” Required to Prove Deliberate Indifference by David Reutter [See update at end of article]  by David M. Reutter On May 22, 2023, the U.S. Court of Appeals for the Eleventh Circuit affirmed the grant of summary judgment to Defendant officials at Georgia’s Walker State …
Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died by David Reutter by David M. Reutter On December 15, 2022, the U.S. Court of Appeals for the Seventh Circuit reversed denial of qualified immunity (QI) to Illinois …
Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better by David Reutter by David M. Reutter In a maddening decision issued on January 31, 2023, the U.S. Court of Appeals for the Eighth Circuit reversed the denial of qualified immunity (QI) to four …
BOP Guard, Nurse in Virginia Indicted in Prisoner’s Death by Chuck Sharman by Chuck Sharman On June 6, 2023, a federal grand jury indicted two employees of the federal Bureau of Prisons (BOP) in Virginia for allegedly showing deliberate indifference to a prisoner suffering a cardiac emergency that killed him …
Kansas DOC Claims Discrimination Against Wiccans Was “Inadvertent” by Douglas Ankney by Douglas Ankney On September 27, 2023, the Kansas Department of Corrections (DOC) appeared to back down from a fight over providing state prisoners materials from a Wiccan shop—though it maintained a ban on correspondence from the shop owner …
Third Circuit Revives Disabled New Jersey Prisoner’s Claim for Deprivation of Walking Cane by Douglas Ankney by Douglas Ankney On September 19, 2023, the U.S. Court of Appeals for the Third Circuit reversed dismissal of prisoner Tremayne Durham’s suit blaming employees of the New Jersey Department of Corrections (DOC) for …
Article • April 1, 2024 • from PLN April, 2024
Missouri Expands Prison Mail Ban to Include Books Sent by Family, Friends by After banning state prisoners from receiving physical mail the year before, the Missouri Department of Corrections (DOC) extended the ban on September 25, 2023, to include books sent to prisoners from family or friends. The rule change …
Article • April 1, 2024 • from PLN April, 2024
$9,000 Settlement in Wisconsin Prisoner’s Heat-­Related Illness Suit by Matthew Clarke by Matt Clarke On October 3, 2023, the Wisconsin Department of Justice sent a check for $9,000 to a state prisoner in settlement of his claims that he suffered a heat-­related illness, fell and injured himself after state Department …
Seventh Circuit Reinstates Wisconsin Prisoner’s ADA Claim for Untreated Knee Injury by Matthew Clarke Matt Clarke On August 25, 2023, the U.S. Court of Appeals for the Seventh Circuit reinstated a Wisconsin prisoner’s claim that officials with the state Department of Corrections (DOC) violated Title II of the Americans with …
$470,000 Settlement After Texas Jail Nurses Fabricate Vital Signs for Detainee Who Died by Douglas Ankney by Douglas Ankney On September 14, 2023, the U.S. Court of Appeals for the Fifth Circuit dealt a death blow to claims filed by the estate of a Texas jail detainee against the county …
Seventh Circuit Says Lack of Expert Testimony Dooms Illinois Prisoner’s Medical Neglect Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit offered an Illinois state prisoner a hard lesson on July 27, 2023, affirming dismissal of his medical neglect claim against prison contractor …
Eighth Circuit Affirms $800,000 Award After Arkansas Jail Detainee’s Fatal Appendix Rupture by Matthew Clarke by Matthew Clarke On August 24, 2023, the U.S. Court of Appeals for the Eighth Circuit affirmed an $800,000 jury award against a contract doctor at an Arkansas jail, in a suit brought on behalf …
Article • March 1, 2024 • from PLN March, 2024
Filed under: Access To Courts
Nevada Prisoner Strikes Out in Access-to-Courts Claim by David Reutter On August 18, 2023, the U.S. Court of Appeals for the Ninth Circuit affirmed summary judgment for officials with the Nevada Department of Corrections (DOC) in a prisoner’s claim that it limited his access to courts. The Court’s ruling maintains …
$900,000 Settlement Reached With Ohio Jail in Detainee’s Fatal Seizure by David Reutter by David M. Reutter In October 2023, an attorney representing the estate of an Ohio pretrial jail detainee who suffered a fatal seizure after her June 2018 incarceration said the parties had reached a $900,000 settlement agreement. …
Eighth Circuit Remands ADA Claims—But Not Constitutional Claims—of Paralyzed Arkansas Jail Detainee by David Reutter by David M. Reutter On August 15, 2023, the U.S. Court of Appeals for the Eighth Circuit affirmed dismissal of a paraplegic Arkansas jail detainee’s deliberate indifference and conditions of confinement claims, while reviving claims …
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