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Article • December 1, 2021 • from PLN December, 2021
Third Circuit: Gratuitous Use of Force on Prisoner Negates Qualified Immunity Defense by David Reutter by David M. Reutter The Third Circuit Court of Appeals reversed the grant of summary judgment in a lawsuit against a guard at New Jersey’s Cumberland County Jail (CCJ). The Court held the guard was …
Article • November 1, 2021 • from PLN November, 2021
Eleventh Circuit Upholds Immunity of Federal Prison Guards Under FTCA, Even for Blatant Unconstitutional Acts by Dale Chappell by Dale Chappell In a move that surprised few, the U.S. Court of Appeals for the Eleventh Circuit went against the grain of almost every other court and held on June 9, …
Article • November 1, 2021 • from PLN November, 2021
Fifth Circuit Holds Defendants Entitled to Sovereign Immunity For Denial of Sex-Reassignment Surgery to Texas Prisoner by Matthew Clarke by Matt Clarke On July 30, 2021, the United States Court of Appeals for the Fifth Circuit vacated orders denying sovereign immunity to some defendants in a lawsuit brought by a …
Article • November 1, 2021 • from PLN November, 2021
Lawsuit Over Denial of Medical Treatment for Painful Erection Causing Impotence in Oklahoma County Jail Reinstated by Tenth Circuit by Matthew Clarke by Matt Clarke On January 19, 2021, the United States Court of Appeals for the Tenth Circuit held that a county sheriff and three jail guards were not …
Article • October 1, 2021 • from PLN October, 2021
Eleventh Circuit Holds No Qualified Immunity on Deliberate Indifference in Heat Exhaustion Case by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals found a Georgia Sheriff’s Deputy employed excessive force by detaining a pretrial detainee “in a hot, unventilated, and unair-conditioned transport van for approximately two …
Article • August 1, 2021 • from PLN August, 2021
No Qualified Immunity for Oregon Prison Officials’ COVID-19 Response; Class Certified by Mark Wilson by Mark Wilson "The law is clearly established that individuals in government custody have a constitutional right to be protected against a heightened exposure to serious easily communicable diseases,” concluded United States Magistrate Stacie F. Beckerman …
Article • July 1, 2021 • from PLN July, 2021
Georgia Sheriffs Entitled to Eleventh Amendment Immunity When Setting Jail Policies That Lead to Prisoners Being Sexually Abused by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals affirmed the dismissal of a civil rights complaint against a Georgia Sheriff. The Court held the Sheriff was entitled …
Article • June 1, 2021 • from PLN June, 2021
Filed under: Sovereign Immunity
Kentucky Consolidated Local Government Entitled to Sovereign Immunity by David Reutter by David M. Reutter The Kentucky Supreme Court held that the Louisville Metro Government (LMG) are entitled to sovereign and qualified immunity in a lawsuit alleging violation of Ky. Rev. Stat. 71.040. The court’s December 17, 2020, opinion was …
New Federalism and Civil Rights Enforcement, 2021 Copyright 2021 by Alexander Reinert, Joanna C. Schwartz & James E. Pfander Printed in U.S.A. Vol. 116, No. 3 NEW FEDERALISM AND CIVIL RIGHTS ENFORCEMENT Alexander Reinert, Joanna C. Schwartz & James E. Pfander ABSTRACT—Calls for change to the infrastructure of civil rights …
Article • February 10, 2021
Man Denied Justice After Guard Humiliates and Beats Him by The Court dismissed the case of a prisoner who was assaulted by a guard while standing in line in a prison mess hall after it determined that the assault took place outside the "scope of [the guard's] employment.” On January …
Federal Judge in Georgia Grants Class Action Status to Prisoners’ Suit Against Global Tel*Link by Monday, November 30, 2020, was a big day for a group of Georgia prisoners suing their phone service provider, Global Tel*Link (GTL), over the company’s allegedly hidden policy of confiscating any unused funds in their …
Article • February 1, 2021 • from PLN February, 2021
Global Tel*Link Hit with Sanctions For Discovery Violations in Georgia Prison Call Class Action by Derek Gilna by Derek Gilna Global Tel*Link (GTL) has long been one of the principal beneficiaries of the $1 billion prisoner call industry, through a combination of astute business practices, intense lobbying, and a business …
Article • January 21, 2021
Filed under: Sovereign Immunity
Kentucky Consolidated Local Government Entitled to Sovereign Immunity by David M. Reutter The Supreme Court of Kentucky held that the Louisville Metro Government (LMG) and its employees are entitled to sovereign and qualified in a lawsuit alleging violation of Ky. Rev. Stat. 71.040. The court’s December 17, 2020, opinion was …
CoreCivic and Securus Technologies Agree to Pay $3.7 Million to Settle Suit for Illegally Recording Attorney-Client Conversations by Douglas Ankney by Douglas Ankney On July 31, 2020, a motion was filed in the U.S. District Court for the Western District of Missouri revealing that CoreCivic and Securus Technologies (Defendants) had …
Article • October 1, 2020 • from PLN October, 2020
Fourth Circuit Holds South Carolina DOC Lawyers Entitled to Qualified Immunity by David Reutter by David M. Reutter The Fourth Circuit Court of Appeals held that lawyers for the South Carolina Department of Corrections (SCDC) who made a legal error in interpreting new state law were entitled to qualified immunity. …
Article • October 1, 2020 • from PLN October, 2020
Lawsuit Over Hellish 9-Day Prisoner Transport Reinstated by David Reutter by David M. Reutter On April 29, 2020, the Eighth Circuit Court of Appeals reversed a grant of summary judgment to Inmate Services Corp. (ISC), allowing to continue a civil rights action alleging a pretrial detainee’s constitutional rights were violated …
Richard v. Pfister, et al., IL, opinion and order, prisoner denied medical and other services, 2020 Case: 1:17-cv-04677 Document #: 141 Filed: 09/01/20 Page 1 of 17 PageID #:1931 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION WILLIAM H. RICHARD, Plaintiff, No. 17 C 4677 v. …
Article • August 1, 2020 • from PLN August, 2020
Justice Department and GEO Group Challenge California’s Ban on Private Prison and Detention Facilities by Matthew Clarke by Matt Clarke On January 24, 2020, the United States Department of Justice (DOJ) filed a complaint in California federal court challenging the application to the federal government of a new state law …
Article • August 1, 2020 • from PLN August, 2020
Texas Execs Sentenced for Providing Bad Food to BOP by Edward Lyon by Ed Lyon Nearly every resident of a prison will quickly tell anyone who asks that what passes for food there leaves a lot to be desired. It is a good bet that the moniker “mystery meat” originated …
Darren Rainey Died in Scalding Prison Shower Eight Years Ago Today, Still No Charges Filed by Jessica Lipscomb by Jessica Lipscomb, originally published in Miami New Times, June 23, 2020 Eight years ago, today, Florida prison guards locked 50-year-old Darren Rainey inside a shower room, set the water temperature to …
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