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Ninth Circuit Affirms Class Action Consent Decree at California’s Alameda County Jail by David Reutter by David M. Reutter On October 6, 2023, the U.S. Court of Appeals for the Ninth Circuit affirmed a consent decree in a class-action lawsuit filed over solitary confinement of mentally ill detainees at the …
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 …
Article • April 26, 2024
Fourth Circuit: South Carolina Prisoner’s Bivens Claim Must Detail Unconstitutional Acts of Each Defendant by Benjamin Tschirhart by Benjamin Tschirhart  The Supreme Court of the U.S. (SCOTUS) recognized a limited cause of action for money damages against agents of the federal government in Bivens v. Six Unknown Named Agents of …
Brief • April 23, 2024
Porter v. Daggett, UT, Verdict, Cruel and Unusual Punishment, 2024 Case 2:18-cv-00389-DBB-DAO Document 424 Filed 04/23/24 PageID.7232 Page 1 of 7 THE UNITED STATES DISTRJCT COURT DISTRJCT OF UTAH DUSTIN LAW PORTER, STEVEN DROLLETTE, JOSHUA ASAY, and JOSHUA OLSEN, SPECIAL VERDICT FORM Case No. 2:18-cv-00389-DBB Plaintiffs, District Judge David Barlow …
Sixth Circuit Refuses Michigan Prisoner’s Excessive Force Claim Despite Guard’s Conviction for Battery by David Reutter by David M. Reutter On August 16, 2023, the U.S. Court of Appeals for the Sixth Circuit affirmed dismissal of a Michigan prisoner’s lawsuit with an outrageous-­sounding opinion that a guard “may have violated …
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 …
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