Detainees Awaiting Psychiatric Beds Suffer Permanent Harm in Jails by Eike Blohm, MD by Eike Blohm, MD Defendants nationwide who require competency restoration are suffering irreparable harm awaiting psychiatric beds in solitary confinement. Here’s what happens: An individual with major mental illness, such as schizophrenia or bipolar disorder, comes to …

Santa Clara County Sheriff Accused of Coverup After $10 Million Payout to Mentally Ill Detainee Who Severely Injured Himself During Jail Transport by Benjamin Tschirhart by Benjamin Tschirhart An October 2022 report by the Office of Correction and Law Enforcement (OCLE) in California’s Santa Clara County faults the county Sheriff’s …

A Lesson in Pleading: Utah Jail Suicide Complaint Fails for Alleging Failure to Train Rather than Failure to Provide Care by David Reutter by David M. Reutter On May 3, 2022, the U.S. Court of Appeals for the Tenth Circuit affirmed summary judgment for defendant jailers in a lawsuit seeking …

Estate of Jose Pichardo v. County of Imperial, CA, Complaint, Wrongful Death, 2023 Case 3:20-cv-01465-LAB-DDL Document 107 Filed 02/28/23 PageID.1672 Page 1 of 38 1 2 3 4 5 6 7 8 9 10 DEVIN A. WEISBERG (SBN 230517) WEISBERG LAW GROUP 700 S Flower St., Suite 1000, Los Angeles, …

Estate of Jose Pichardo v. County of Imperial, CA, Third Amended Complaint, Wrongful Death, 2023 Case 3:20-cv-01465-LAB-DDL Document 107 Filed 02/28/23 PageID.1672 Page 1 of 38 1 2 3 4 5 6 7 8 9 10 DEVIN A. WEISBERG (SBN 230517) WEISBERG LAW GROUP 700 S Flower St., Suite 1000, …

Eighth Circuit Revives Suit Over North Dakota Juvenile Detainee’s Suicide by David Reutter by David M. Reutter On August 2, 2022, the U.S. Court of Appeals for the Eighth Circuit reversed dismissal of a lawsuit alleging a private North Dakota juvenile home was liable for the suicide of a 12-year-old …

USA v. MDOC, MA, Settlement Agreement, Conditions of Confinement, Dec. 2022 AGREEMENT Dec. 20, 2022 BETWEEN THE UNITED STATES AND THE MASSACHUSETTS DEPARTMENT OF CORRECTION TABLE OF CONTENTS I. INTRODUCTION................................................................................................................... 1 II. DEFINITIONS ........................................................................................................................ 2 III. SUBSTANTIVE PROVISIONS.............................................................................................. 3 Policies and Procedures .......................................................................................................... 3 Staffing Plan............................................................................................................................ 5 Training ................................................................................................................................... 6 …

Split Seventh Circuit Declines to Rehear Appeal of Illinois Prisoner With Serious Mental Illness Left in Solitary for Three Years by David Reutter by David M. Reutter Is it unconstitutional to deprive a mentally ill prisoner of exercise for three years? In Illinois, the answer is no, according to two …

Feliciano v. City of New York, NY, Complaint, Medical and Mental Neglect, 2022 Case 1:20-cv-10033-LAK Document 86 Filed 11/29/22 Page 1 of 25 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------------X Madeline Feliciano, individually and as guardian of Nicholas Feliciano, -against- Plaintiff, The City of New York; New …

Georgia Jail Settles Suit Filed by Mentally Ill Female Detainees With Policy Changes and $1.2 Million in Attorney Fees and Costs by Matthew Clarke by Matt Clarke On April 4, 2022, the federal court for the Northern District of Georgia gave final approval to a settlement in a lawsuit brought …

SCOTUS Kills Condemned Ohio Prisoner’s Effort to Secure Evidence of Mental Impairment to Bolster Habeas Petition by Benjamin Tschirhart by Ben Tschirhart On June 21, 2022, the U.S. Supreme Court held that cases involving medical transport orders for prisoners seeking evidence of mental impairment to bolster a habeas corpus petition …

Tenth Circuit Refuses to Hold Colorado Guards Liable for Detainee’s Suicide Despite Her Previous Attempts at Same Jail by David Reutter by David M. Reutter Under the doctrine of qualified immunity (QI), prison and jail guards may be sued only when they disregard a known risk to a detainee under …

Suarez v. County of San Diego, CA, Settlement, Failure to Treat Mental Illness, 2022 RELEASE AND SETTLEMENT OF CLAIMS For the sole consideration of FOUR MILLION THREE HUNDRED FIFTY THOUSAND and no/100 dollars ($4,350 1000.00), the undersigned TANYA SUAREZ ("Plaintiff') hereby releases and forever discharges the County of San Diego, …

$1.1 Million Settlement Paid by Michigan County to Estate of Detainee Who Committed Suicide at Jail by David Reutter by David M. Reutter On October 7, 2021, the Board of Commissioners of Michigan’s Macomb County agreed to pay $1 million to settle claims by survivors of a detainee who hanged …

$1.375 Million Award in Hawaii Prisoner’s Suicide by David Reutter by David M. Reutter On March 29, 2022, the First Circuit Court of Hawaii awarded $1.375 million to the estate of Joseph O’Malley, who committed suicide while incarcerated at the Halawa Correctional Facility (HCF) in July 2017. O’Malley, 28, was …

Fifth Circuit Absolves Texas Jailers in Death of Mentally Ill Detainee Who Refused Medical Treatment by Keith Sanders by Keith Sanders On August 5, 2022, calling the medical neglect of a mentally ill detainee who refused treatment “objectively reasonable,” the U.S. Court of Appeals for the Fifth Circuit reversed a …

$35,000 Settlement Paid by California County After Jail Death of Elderly, Mentally Ill Detainee by Benjamin Tschirhart by Benjamin Tschirhart California’s San Luis Obispo County reached a settlement on February 10, 2021, agreeing to pay $35,000 to resolve wrongful death claims filed by the widow of an elderly man with …

Eleventh Circuit Denies Qualified Immunity to Jail Guards Who “Did Nothing” in Face of Florida Detainee’s Suicide Threats by David Reutter by David M. Reutter Finding that two guards at Florida’s Bay County Jail (BCJ) did “essentially nothing to prevent” a pretrial detainee from committing suicide, the U.S. Court of …

Mentally and Physically Disabled Texas Woman Hospitalized After Mistreatment at Jail by Ashleigh Dye by Ashleigh N. Dye A disabled woman, who suffers from a severe seizure disorder, ended up spending eight weeks hospitalized in a coma with a black eye and bruises, after spending ten days in Texas’ Tarrant …

$1 Million Settlement Reached in Suicide of Mentally Ill Detainee at San Diego Jail by Keith Sanders by Keith Sanders   People incarcerated at the San Diego County Jail have been suffering through a raging public health crisis. Unfortunately, this crisis has been as lethal or more so than COVID-19. …