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Ninth Circuit Says Federal Prisoner in California May Have Bivens Claim for Delays in Medical Care Allegedly to Cover Up Assault by BOP Guard by by David M. Reutter On August 15, 2023, the U.S. Court of Appeals for the Ninth Circuit reversed dismissal of an Eighth Amendment deliberate indifference …
One Detainee Dying Every Week in L.A. County Jails by As of December 31, 2023, Los Angeles County jails had recorded 34 detainee deaths in seven months—over one every week, far more than New York City’s notorious Rikers Island complex, which recorded seven deaths during the same period. Overcrowding is …
Eighth Circuit Affirms Qualified Immunity for Missouri Prison Chief in Sexual Abuse Claims Against Former Guard by David Reutter by David M. Reutter On August 23, 2023, the U.S. Court of Appeals for the Eighth Circuit reversed denial of qualified immunity (QI) to Anne Precythe, Director of the Missouri Department …
Article • March 1, 2024 • from PLN March, 2024
Nearly $11 Million Settlement Reached in Suit by BOP Prisoners Held Without Heat, Electricity During New York Winter Storm by Douglas Ankney by Douglas Ankney On August 18, 2023, an agreement was reached by Defendant officials with the federal Bureau of Prisons (BOP) paying $10,936,250 to settle claims brought in …
Illinois Failing to Grant Dying Prisoners Medical Releases by of dying and medically enfeebled state prisoners were expected to be released when Illinois lawmakers passed the Joe Coleman Medical Release (JCMR) Act. But an investigative report released on August 30, 2023, found that two-thirds of prisoner requests had been denied …
Eighth Circuit Issues Primer on Informal Due Process Procedures to Missouri Prisoner by David Reutter by David M. Reutter On April 24, 2023, the U.S. Court of Appeals for the Eighth Circuit reversed a lower court and granted qualified immunity (QI) to officials with Missouri’s Department of Corrections (DOC) in …
Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis by Mark Wilson by Mark Wilson On August 24, 2023, the U.S. Court of Appeals for the Eighth Circuit affirmed denial of qualified immunity (QI) to a Minnesota jail guard in a …
Third Circuit Revives Claim by Federal Prisoner in Pennsylvania that Delayed Cancer Treatment Cost Him a Testicle by David Reutter by David M. Reutter In a precedential opinion issued on August 21, 2023, the U.S. Court of Appeals for the Third Circuit held that a federal prisoner incarcerated in the …
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, …
The Good That Prisoner Rights Lawyers Do by On April 23, 2022, UCLA law professor Sharon Dolovich delivered the keynote address at a Prisoner Rights and Prison Conditions symposium. She cited the challenges faced by attorneys who pursue prisoners’ rights litigation—an area of law “stacked a mile high against plaintiffs”—including …
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 …
Nevada Prisoner Wins Injunction Requiring DOC to Provide Exercise Despite Guard Shortage by by Matt Clarke On June 6, 2023, Judge Cristina D. Silva of the federal court for the District of Nevada renewed a preliminary injunction she issued on March 3, 2023, ordering state prison officials to provide prisoner …
Article • December 1, 2023 • from PLN December, 2023
Filed under: Grievances, Dismissal
Seventh Circuit Revives Indiana Prisoner’s Claim Over Dismissed Grievance by David Reutter by David M. Reutter On May 4, 2023, the U.S. Court of appeals for the Seventh Circuit reversed the grant of summary judgment against a federal prisoner in Indiana who claimed he was subjected to a physical assault …
Eleventh Circuit Says Florida Prisoner’s Dismissed Complaint Doesn’t Count as a “Strike” by David Reutter by David M. Reutter On May 11, 2023, the U.S. Court of Appeals for the Eleventh Circuit held that the moment a prisoner files a motion to dismiss his federal civil rights suit, a district …
Article • December 1, 2023 • from PLN December, 2023
North Carolina Supreme Court Affirms Class Certification Denial in Prisoners’ Challenge to Solitary Confinement by On November 4, 2022, the North Carolina Supreme Court refused to overturn a lower court’s decision denying class certification in a challenge brought by state prisoners to the use of solitary confinement. In its ruling, …
Article • November 15, 2023 • from PLN November, 2023
Suit Against Delaware DOC Advances With 39 Prisoner Plaintiffs and 40 Defendants by David Reutter by David M. Reutter On August 17, 2023, lawyers for a group of 39 current and former prisoners at Delaware’s Sussex Correctional Center (SCC) largely beat back a motion brought by defendant prison officials to …
Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Guard Accused of Provoking One Prisoner to Attack Another by Douglas Ankney by Douglas Ankney On August 23, 2023, the U.S. Court of Appeals for the Eighth Circuit affirmed the judgment of a lower court in favor of Arkansas prisoner Deverick …
Article • November 15, 2023 • from PLN November, 2023
Deadline Looms for Payouts Under California’s Forced or Involuntary Sterilization Compensation Program by December 31, 2023, will be the last day to file for reparations under California’s Forced or Involuntary Sterilization Compensation Program (FISCP). State lawmakers created it in 2021 to offer compensation to thousands of victims who were sterilized …
Fourth Circuit Rebuffs Federal Prisoner’s Attempt to Expand Bivens in North Carolina by David Reutter by David M. Reutter On May 3, 2023, the U.S. Court of Appeals for the Fourth Circuit affirmed dismissal of a federal prisoner’s civil rights suit, finding his Fifth Amendment claim did not fit within …
Article • November 15, 2023 • from PLN November, 2023
Condemned Arizona Prisoner Reprieved by Benjamin Tschirhart by Benjamin Tschirhart On June 22, 2023, the chief prosecutor in Arizona’s Maricopa County dropped a suit filed to force the state to execute condemned prisoner Aaron Gunches. As previously reported by PLN, the state Supreme Court issued a death warrant on March …
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