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No Charges for Georgia Guards Who Allegedly Abetted Attack That Left Prisoner Dead by Keith Sanders by Keith Sanders On September 30, 2022, nineteen-year-old Quafabian McBride was fatally stabbed in the heart during a fight between rival gangs at Georgia’s Phillips State Prison. McBride and fellow “Rolax Bloods” member Dejuan …
Article • June 1, 2023 • from PLN June, 2023
Eleventh Circuit Won’t Force Condemned Alabama Prisoner to Die by Method He Didn’t Choose by David Reutter by David M. Reutter Once it begins a lethal injection, the Alabama Department of Corrections (DOC) “will attempt to carry out the execution and not stop until it becomes clear that they are …
Publication • 2023
Carceral Deference-Courts and Their Pro-Prison Propensities, March 2023 DRAFT – NOT FOR CIRCULATION, DISTRIBUTION, OR CITATION. 3/7/23 5:21 AM CARCERAL DEFERENCE: COURTS AND THEIR PRO-PRISON PROPENSITIES Danielle C. Jefferis* 92 FORDHAM L. REV. ___ (2023) (forthcoming) ABSTRACT Judicial deference to non-judicial state actors, as a general matter, is ubiquitous. But …
Second Circuit Restores Qualified Immunity for Parole Commissioners Imposing Onerous Conditions for Prisoner’s Release by Keith Sanders by Keith Sanders On March 20, 2023, the U.S. Court of Appeals for the Second Circuit reversed a lower court’s denial of summary judgment to members of the New York Board of Parole …
Article • May 1, 2023 • from PLN May, 2023
Fifth Circuit Upholds Qualified Immunity for Texas Prison Guard Who Beat Prisoner’s Arm With Baton Until It Broke by Matthew Clarke by Matt Clarke On August 31, 2022, the U.S. Court ofAppeals for the Fifth Circuit upheld a district court’s grant of qualified immunity (QI) to a Texas prison guard …
Article • April 1, 2023 • from PLN April, 2023
Gun Safety Group Defeats Re-Election of “Constitutional Sheriff” in Massachusetts by Keith Sanders by Keith Sanders In the November 2022 elections, voters elected a new sheriff in Bristol County, Massachusetts: Democrat Paul Heroux defeated his Republican opponent, Sheriff Tom Hodgson. The local race garnered national headlines, not just because Heroux, …
Article • April 1, 2023 • from PLN April, 2023
Arizona Prisoner Waits in Excruciating Pain While Incompetent Executioners Fumble by Eike Blohm, MD by Eike Blohm, MD A frail, elderly, wheelchair-bound prisoner had to assist the execution team killing him in Arizona on June 8, 2022. It was the state’s second execution since breaking an eight-year hiatus to kill …
Article • March 8, 2023
Fourth Circuit Affirms Dismissal of “Overbroad” Claim from Federal Prisoner in Virginia, Says Not Allowed Under Bivens by David Reutter by David M. Reutter In an opinion issued on December 2, 2022, the U.S. Court of Appeals for the Fourth Circuit affirmed a district court’s dismissal of a federal prisoner’s …
Article • March 1, 2023 • from PLN March, 2023
Second Circuit Affirms Qualified Immunity for Connecticut Cops who Sicced K-9 on Suspect in His Holding Cell by Casey Bastian by Casey J. Bastian When attempting to keep a detainee from hurting himself, are jailers entitled to injure him with impunity? On September 26, 2022, the U. S. Court of …
Article • March 1, 2023 • from PLN March, 2023
GTL Ordered to Pay $18.675 Million in Attorney Fees and Costs in Prison Phone Class Action by Anthony Accurso by Anthony W Accurso On August 30, 2022, the federal court for the Northern District of Georgia granted final approval to a class-action settlement in a suit accusing prison telecom giant …
Tenth Circuit Affirms Denial of Qualified Immunity to Utah Jailers After Detainee’s Withdrawal Death by David Reutter by David M. Reutter On September 7, 2022, the U.S. Court of Appeals for the Tenth Circuit affirmed denial of qualified immunity (QI) to officials at Utah’s Unitah County Jail in a lawsuit …
Fifth Circuit Finds No Liability for Dallas DA Who Improperly Relied on Polygraph to Imprison Sex Offender for 13 Years by Benjamin Tschirhart by Benjamin Tschirhart In November 2022, Dallas resident Christopher Arnone was charged with sexually abusing his son. He struck a deal and entered a plea of nolo …
Third Circuit Strips Qualified Immunity From Delaware Guards Who Held Mentally Ill Prisoner in Solitary for Seven Months by David Reutter by David M. Reutter In a decision filed on November 28, 2022, the U.S. Court of Appeals for the Third Circuit reversed the grant of qualified immunity (QI) to …
Article • February 1, 2023 • from PLN February, 2023
Virginia Supreme Court Upholds Derivative Sovereign Immunity for Jail Physician by Matthew Clarke by Matt Clarke In an important decision for prisoners and jail detainees in Virginia, the state Supreme Court held on July 7, 2022, that a jail physician was entitled to a derivation of the state’s sovereign immunity. …
Fifth Circuit: No Qualified Immunity for Mississippi Sheriffs in Suit Over Mentally Ill Man’s Years-long Unlawful Detention by Matthew Clarke by Matt Clarke On August 24, 2022, the U.S. Court of Appeals for the Fifth Circuit upheld a district court’s denial of qualified immunity (QI) to the current and former …
Article • February 1, 2023 • from PLN February, 2023
Fifth Circuit Denies Qualified Immunity to Mississippi Cops Who Let Injured Hemophiliac Bleed Out in Jail by Matthew Clarke by Matt Clarke On July 15, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed the denial of qualified immunity (QI) to Mississippi jailers accused of ignoring the injuries …
Brief • January 12, 2023
Hodges v. Helton, TN, Order to Unseal, Cruel and Unusual Punishment, 2023 E-FILED 1/12/2023 11:05 AM CLERK & MASTER DAVIDSON CO. CHANCERY CT. IN THE CHANCERY COURT FOR THE STATE OF TENNESSEE TWENTIETH JUDICIAL DISTRICT, DAVIDSON COUNTY, PART III HENRY HODGES ) ) ) ) ) Case No. 22-1440-III ) …
Second Circuit: No Qualified Immunity for Wardens Accused of Violating Religious Freedom of Muslim Prisoners in Connecticut by Benjamin Tschirhart by Benjamin Tschirhart On June 17, 2022, the U.S. Court of Appeals for the Second Circuit upheld a lower court’s decision denying qualified immunity (QI) to federal prison wardens in …
Article • January 1, 2023 • from PLN January, 2023
Investor Lawsuit Against GEO Group Trimmed by David Reutter by David M. Reutter On June 21, 2022, the federal court for the Southern District of Florida significantly trimmed a class-action lawsuit alleging that private prison operator The GEO Group misled investors in its stock, causing them to suffer losses. For …
Music Stops in Fifth Circuit’s Qualified Immunity ‘Dance,’ Leaving Plaintiffs With Shortened Discovery Period by Matthew Clarke by Matt Clarke On June 17, 2022, the U.S. Court of Appeals for the Fifth Circuit overturned a long line of prior decisions to hold that a ruling on defendants’ qualified immunity (QI) …
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