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$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 …
Eleventh Circuit Revives Claim Against Florida Jail That Forced Detainee to Scan Legal Mail Into Computer with Memory Chip by David Reutter by David M. Reutter On August 8, 2023, the U.S. Court of Appeals for the Eleventh Circuit reversed dismissal of a claim alleging two guards at Florida’s Polk …
Texas Fights Fetal Rights After Forcing Prison Guard to Stay At Work Until She Delivered Stillborn Baby by by Matt Clarke On August 18, 2023, the federal court for the Western District of Texas granted defendant officials with the state Department of Criminal Justice (TDCJ) only partial dismissal of a …
Article • March 1, 2024 • from PLN March, 2024
Colorado Sheriff Resigns After Deputies Fatally Shoot Motorist by On August 3, 2023, Rick Albers resigned as Sheriff of Colorado’s Clear Creek County, caving to pressure from county commissioners who accused him of failing to accept responsibility after his deputies fatally shot mentally ill motorist Christian Glass, 22, in June …
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 …
Article • February 1, 2024 • from PLN February, 2024
Fifth Circuit: Texas Jail Guard’s Use of Taser on Compliant Detainee Unconstitutional by David Reutter by David M. Reutter On July 24, 2023, the U.S. Court of Appeals for the Fifth Circuit concluded that “precedents conclusively establish that the use of a taser on a non-threatening and cooperative subject is …
Fifth Circuit Denies Qualified Immunity to Louisiana Prison Chief for Prolonging Prisoner’s Detention with Sex Offender Misclassification by David Reutter by David M. Reutter On July 17, 2023, the U.S. Court of Appeals for the Fifth Circuit affirmed denial of qualified immunity (QI) to Louisiana Department of Public Safety and …
Article • February 1, 2024 • from PLN February, 2024
Tenth Circuit: No Qualified Immunity for Oklahoma Jail Guard Who Kneed Handcuffed Prisoner’s Face by Matthew Clarke by Matt Clarke On July 11, 2023, the U.S. Court of Appeals for the Tenth Circuit affirmed denial of qualified immunity (QI) to an Oklahoma jail guard because a reasonable jury could find …
Publication • January 2, 2024
Filed under: Prosecutorial Immunity
Prosecutorial Immunity and the Framework for Its Death, Jan. 2024 1/3/24, 1:16 PM Prosecutorial Immunity and the Framework for Its Death | New York Law Journal ALM LAW.COM Page Page Printed Printed From: From: https://www.law.com/newyorklawjournal/2024/01/02/prosecutorial-immunity-and-the-framework-for-its-death/? https://www.law.com/newyorklawJournal/2024/01/02/prosecutorlal-lmmunlty-and-the-framework-for-lts-deathn kw=Prosecutorial%20Immunity%20and%20the%20Framework%20for%20Its%20Death&utm_source=email&utm_medium=enl&utm_campaign=newsroomupdate&utm_content=20240102&utm_term=ny kw=Prosecutorial%20Immunity%20and%20the%20Framework%20for%20Its%20Death&utm_source=email&utm_medium=enl&utm_campaign=newsroomupdate&utm_content=20240102&utm_term=n)      © NOT NOT FOR FOR REPRINT REPRINT …
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 …
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