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Eighth Circuit Upholds Denial of Qualified Immunity to Minnesota Guard Accused of Assaulting Restrained and Compliant Prisoner by Matthew Clarke by Matthew T. Clarke On May 6, 2024, the U.S. Court of Appeals for the Eighth Circuit upheld a district court’s denial of qualified immunity (QI) to a Minnesota Department …
Iowa Qualified Immunity Law Lets County Off the Hook for Guard’s Sex Abuse of Jail Detainee by Although a guard was fired from Iowa’s Polk County Jail for forcibly kissing and touching him while detained there, Justin Mowry’s lawsuit for damages against the county was dismissed on June 20, 2024. …
Transgender BOP Prisoner in Arizona Wins $10,243 for Guard’s Negligence by On June 21, 2024, the U.S. District Court for the District of Arizona ordered the federal Bureau of Prisons (BOP) to pay $10,000 to transgender prisoner Grace Pinson for her claim under the Federal Tort Claims Act (FTCA) that …
Article • September 15, 2024 • from PLN September, 2024
First Circuit Affirms Qualified Immunity for Massachusetts Officials Who Held Prisoner in Solitary for Two Years Without Hearing by Douglas Ankney by Douglas Ankney In a maddeningly byzantine decision on February 21, 2024, the U.S. Court of Appeals for the First Circuit dismissed a claim by Massachusetts prisoner Jwainus Perry …
Article • September 15, 2024 • from PLN September, 2024
Remedying Wrongs by Kenneth Alyass The administrative remedy process is a roadblock to challenging inhumane prison conditions. With the help of advocates, people in prison are fighting back. As a way to challenge the inhumane conditions of their imprisonment, people behind bars have made remarkable use of the very legal …
$700,000 Settlement in BOP Prisoner’s Death After Court Refuses to Extend Bivens by David Reutter by David M. Reutter On February 6, 2024, the U.S. Department of Justice agreed to pay $700,000 to settle a Federal Tort Claims Act (FTCA) complaint in the death of a prisoner held by the …
Washington Court of Appeals: PLRA Dismissal of Prisoner’s Federal Suit Is Not Res Judicata Barring State Tort Claims by On March 19, 2024, the Court of Appeals of Washington, Division II, held that a state prisoner’s tort claims are not barred in state court even if federal claims arising from …
Virginia Governor’s Veto Exposes Prisoners Who Took Plea Bargains to Civil Rights Violations by Matthew Clarke by Matt Clarke On March 20, 2024, Virginia Gov. Glenn Youngkin (R) vetoed SB 334, a bill passed by state lawmakers to prevent prosecutors and courts from requiring criminal defendants to waive their Fourth …
Article • August 15, 2024 • from PLN August, 2024
Fourth Circuit Grants Qualified Immunity to Guards Who Left North Carolina Prisoner to Eat with Feces-Soiled Hands by On January 3, 2024, the U.S. Court of Appeals for the Fourth Circuit affirmed a lower court’s grant of qualified immunity (QI) to guards who left North Carolina prisoner Jordan Andrew Jones …
No Dismissal for San Diego Jail Medical Contractor from Suit Filed Over Detainee’s Withdrawal Death by On February 8, 2024, the U.S. District Court of the Southern District of California declined to dismiss all the claims brought by the family of a San Diego Jail detainee who died in custody …
Article • August 15, 2024 • from PLN August, 2024
Eleventh Circuit Denies Qualified Immunity to Georgia Jailers Who Housed White Detainee With Black Cellmate Held for Racially Motivated Attack by On January 5, 2024, the U.S. Court of Appeals for the Eleventh Circuit affirmed a lower court’s finding that defendant guards and a nurse at Georgia’s Muscogee County Jail …
Brief • July 10, 2024
Lilgerose, et al. v. Polis, et al., CO, Motion for Class Cert., Prison Slave Labor, 2024 DISTRICT COURT, DENVER COUNTY, COLORADO Denver City and County Building 1437 Bannock Street, Denver, CO 80202 PLAINTIFFS: RICHARD LILGEROSE and HAROLD MORTIS, on their own behalf and on behalf of those similarly situated v. …
Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial by On January 31, 2024, the U.S. Court of Appeals for the Fifth Circuit held that a Texas prisoner’s uncorroborated declaration outlining steps he took to exhaust administrative remedies through the state Department of Criminal Justice …
Seventh Circuit Affirms Dismissal of Retaliation Claim By Federal Prisoner Against Guard in Illinois Lockup Who Saw Grievance Against Him by Matthew Clarke by Matt Clarke   On November 28, 2023, the U.S. Court of Appeals for the Seventh Circuit declined to let a federal prisoner sue officials with the …
Eighth Circuit Largely Restores Qualified Immunity to Minnesota Jail Guards in Use of Force on Bipolar Prisoner by David Reutter by David M. Reutter   On December 26, 2023, the U.S. Court of Appeals for the Eighth Circuit largely reversed a lower court and restored qualified immunity (QI) to guards …
Illinois Prisoner Awarded Over $822,000 For Hernia Care Denied by Wexford Health by Douglas Ankney by Douglas Ankney   On April 2, 2024, the U.S. District Court for the Southern District of Illinois denied relief to Wexford Health Sources, Inc., the private healthcare contractor for the state Department of Corrections …
Article • July 1, 2024 • from PLN July, 2024
Ninth Circuit: Alleged Denial of Hepatitis C Treatment to Federal Prisoner in Washington Presents Valid Bivens Claim by David Reutter by David M. Reutter   In a decision issued on December 11, 2023, the U.S. Court of Appeals for the Ninth Circuit said that the claim of a federal prisoner …
Article • June 1, 2024 • from PLN June, 2024
Seventh Circuit: Heck Bars Civil Rights Challenges to Civil Commitment by Matthew Clarke by Matthew T. Clarke   On December 20, 2023, the U.S. Court of Appeals for the Seventh Circuit held that an Illinois prisoner’s challenge to civil commitment as a sexually violent person after release cannot be raised …
Qualified Immunity Denied to Former New Mexico Warden in Prisoner’s Sexual Abuse Claim by On October 6, 2023, the federal court for the District of New Mexico stood fast in its refusal to grant qualified immunity (QI) to a defendant warden with the state Corrections Department (NMCD) in a prisoner’s …
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