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Eighth Circuit Affirms $800,000 Award After Arkansas Jail Detainee’s Fatal Appendix Rupture by Matthew Clarke by Matthew Clarke On August 24, 2023, the U.S. Court of Appeals for the Eighth Circuit affirmed an $800,000 jury award against a contract doctor at an Arkansas jail, in a suit brought on behalf …
$900,000 Settlement Reached With Ohio Jail in Detainee’s Fatal Seizure by David Reutter by David M. Reutter In October 2023, an attorney representing the estate of an Ohio pretrial jail detainee who suffered a fatal seizure after her June 2018 incarceration said the parties had reached a $900,000 settlement agreement. …
Eighth Circuit Remands ADA Claims—But Not Constitutional Claims—of Paralyzed Arkansas Jail Detainee by David Reutter by David M. Reutter On August 15, 2023, the U.S. Court of Appeals for the Eighth Circuit affirmed dismissal of a paraplegic Arkansas jail detainee’s deliberate indifference and conditions of confinement claims, while reviving claims …
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, …
Article • December 1, 2023 • from PLN December, 2023
Fifth Circuit: 12-Hour Delay in Treating Texas Prisoner’s Stroke Wasn’t Deliberate Indifference by David Reutter by David M. Reutter On May 5, 2023, the U.S. Court of Appeals for the Fifth Circuit affirmed dismissal of a Texas prisoner’s civil rights complaint that alleged prison staff delayed and impeded his access …
Article • November 15, 2023 • from PLN November, 2023
$12,000 Paid to California Prisoner Denied Back Surgery Despite Doctor’s Recommendation by On August 25, 2022, a California prisoner told the federal court for the Eastern District of California that he had reached an agreement with the state Department of Corrections and Rehabilitation (CDCR) to settle a suit he filed …
Article • August 15, 2023 • from PLN August, 2023
DOJ Finds Louisiana ‘Deliberately Indifferent’ to Prisoners Incarcerated Long Past Their Release Dates by Matthew Clarke by Matt Clarke On January 25, 2023, the U.S. Department of Justice (DOJ) released a report finding the Louisiana Department of Public Safety and Corrections (DPSC) was deliberately indifferent to the due-process rights of …
Article • July 15, 2023 • from PLN July, 2023
Fourth Circuit Affirms Dismissal of North Carolina Prisoner’s ADA Claim for Failure to Show Deliberate Indifference by Douglas Ankney by Douglas Ankney In an instructive case for prisoners making claims under the Americans with Disabilities Act (ADA), 42 U.S.C. ch.126 § 12101, et seq., the U.S. Court of Appeals for …
Article • June 15, 2023 • from PLN June, 2023
Minnesota Supreme Court: Prisoner Abused with Overtight Handcuffs Need Only Show Deliberate Indifference, Not Malicious Intent by Matthew Clarke by Matthew Clark On December 14, 2022, the Minnesota Supreme Court took up a state prisoner’s claim that he was left with permanent nerve damage from restraints guards misused during a …
Guards Filmed Walking Away from Burning Mexican Detention Center Where 38 Migrants Died by Jordan Arizmendi, Chuck Sharman by Jordan Arizmendi and Chuck Sharman A huge fire inside an immigration detention facility in Ciudad Juarez, just across the Mexican border from El Paso, killed 38 men on March 28, 2023. …
Article • April 1, 2023 • from PLN April, 2023
Federal Judge Tells BOP Officials They “Are Not Above the Law” by Casey Bastian by Casey J. Bastian On October 4, 2022, Judge Roy B. Dalton, Jr. of the federal court for the Middle District of Florida excoriated officials with the federal Bureau of Prisons (BOP) and its Seagoville Federal …
$35,000 Awarded to Federal Prisoner in Kentucky Who Accused Guards of Using Excessive Force by Benjamin Tschirhart by Benjamin Tschirhart In July 2019, Jonathan Lee Smith was a prisoner at the U.S. Penitentiary near Kentucky’s Big Sandy River, when he got in a fight with another prisoner and guards responded. …
Article • March 9, 2023
Alabama Prisoner’s Deliberate Indifference Claim Dies for Lack of Proper Affidavits by David Reutter by David M. Reutter On November 11, 2022, the U.S. Court of Appeals for the Eleventh Circuit affirmed dismissal of an Alabama prisoner’s civil rights action that alleged overlong delays in treatment for hernias and post-surgery …
Article • March 1, 2023 • from PLN March, 2023
Alabama Prisoner’s Deliberate Indifference Claim Dies for Lack of Proper Affidavits by David Reutter by David M. Reutter On November 11, 2022, the U.S. Court of Appeals for the Eleventh Circuit affirmed dismissal of an Alabama prisoner’s civil rights action that alleged overlong delays in treatment for hernias and post-surgery …
Article • February 22, 2023
Eighth Circuit Holds Delaying Surgery for Reducible Hernia Not Deliberate Indifference to Missouri Prisoner’s Serious Medical Needs by Matthew Clarke by Matt Clarke What happens if you develop a hernia while jailed? One Missouri prisoner found the answer when he was forced to wait 16 months for surgical relief. Then, …
Article • February 1, 2023 • from PLN February, 2023
$20,000 Paid by Centurion and MHM Health Professionals to Arizona Prisoner for Alleged Deliberate Indifference and Medical Negligence by Jacob Barrett by Jacob Barrett On June 24, 2022, a prisoner in the Arizona Department of Corrections (DOC) accepted $20,000 to settle his claims of deliberate indifference and medical negligence against …
Article • November 30, 2022 • from PLN December, 2022
‘Plainly Grossly Inadequate’: Federal Court Finds Arizona Prison Healthcare Deliberately Indifferent to Prisoners’ Risk of Serious Harm by Matthew Clarke by Matt Clarke On June 30, 2022, the federal court for the District of Arizona found that the healthcare state prisoners get is frankly awful — unconstitutionally so. As is …
Article • September 1, 2022 • from PLN September, 2022
Sixth Circuit Again Extends Kingsley Protections for Pretrial Detainees in Deliberate Indifference Claim Against Kentucky Jail by David Reutter by David M. Reutter On March 24, 2022, the U.S. Court of Appeals for the Sixth Circuit joined a short list of federal appellate courts so far to say that additional …
Article • June 27, 2022
Seventh Circuit Holds Jail Guard Not Deliberately Indifferent to Illinois Prisoner’s Withdrawal from Smuggled Pills by David Reutter by David M. Reutter In a decision published on June 21, 2021, the U.S. Court of Appeals for the Seventh Circuit held a guard was not deliberately indifferent to a prisoner’s symptoms …
Fourth Circuit Refuses to Reinstate Suit by NC Jail Detainee Alleging Denial of Access to Grievance System and Timely Medical Care Prisoner Didn’t Ask the Court to Extend Kingsley Protections by Keith Sanders by Keith Sanders The U.S. Supreme Court lowered the bar for a pre-trial detainee to sustain a …
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