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Article • June 1, 2022 • from PLN June, 2022
Fifth Circuit Denies Qualified Immunity to Texas Sheriff Who Rehired Abusive Jailer Who in Turn Again Abused a Detainee by Matthew Clarke by Matt Clarke On January 13, 2022, the U.S. Court of Appeals for the Fifth Circuit held that by rehiring a jailer who previously abused detainees at the …
Article • June 1, 2022 • from PLN June, 2022
Sixth Circuit Revives Tennessee Detainee’s Suit, Holds Lower Court Not Required to Retain Jurisdiction of State Law Claims After Dismissing Federal Claims by Matthew Clarke by Matt Clarke On September 22, 2021, the U.S. Court of Appeals for the Sixth Circuit extended the life of civil rights claims brought under …
Article • June 1, 2022 • from PLN June, 2022
$6,500 Settlement After Eleventh Circuit Affirms Denial of Qualified Immunity to Florida Jail Officials Who Repeatedly Opened Detainee’s Legal Mail by David Reutter by David M. Reutter On November 12, 2021, a settlement was reached under which four officials at the Duval County Jail (DCJ) in Jacksonville agreed to pay …
Article • May 1, 2022 • from PLN May, 2022
Eleventh Circuit Says Georgia Prisoner Failed to Exhaust Remedies by Filing Late Grievance to Ask for Investigation that Was Already Underway by David Reutter by David M. Reutter Here’s a simple message to prisonersfrom the U.S. Court of Appeals for the Eleventh Circuit: Exhaust your remedies, no matter how redundant …
Article • April 1, 2022 • from PLN April, 2022
Filed under: PLRA, Dismissal
Third Circuit Says Mixed Dismissal of Civil Rights Action Not a Strike Under PLRA by David Reutter by David M. Reutter In a ruling on September 27, 2021, the U.S. Court of Appeals for the Third Circuit held that a “mixed dismissal” of a Pennsylvania prisoner’s civil rights action does …
Brief • March 10, 2022
Disability Rights Montana v. Brian M. Gootkin, MT, Settlement Agreement, Cruel and Unusual Punishment,2022 SETTLEMENT AGREEMENT This settlement agreement (“Agreement”) is entered into this 10th day of March, 2022 (“Effective Date”) between Disability Rights Montana, Inc. (“DRM”), Brian M. Gootkin (“Gootkin”), in his official capacity as the Director of the …
“Abject Cruelty”: California Jail Guards Sentenced for Coordinating Prisoner Excrement Fights by Two Sheriff’s deputies in Alameda County, California, were sentenced to prison on August 18, 2021, after pleading guilty to charges that they orchestrated a disgusting fight at the county jail, directing detainees to throw urine and fecal matter …
Article • February 1, 2022 • from PLN February, 2022
$900,000 Settlement in Class Action Lawsuit Alleging Securus Recorded California Prisoner-Attorney Calls by David Reutter Company Walks From Similar Case in Maine by David M. Reutter In November 2021, a year after a federal district court in California approved a $900,000 settlement in a class-action lawsuit alleging Securus Technologies, Inc. …
Fourth Circuit Grants Qualified Immunity to Prison Official Who Gave Prisoner No Notice Before Hearing That Resulted in Transfer to Security Detention by David Reutter by David M. Reutter In a ruling on March 30, 2021, the Fourth Circuit Court of Appeals held that prison officials were entitled to qualified …
Article • February 1, 2022 • from PLN February, 2022
California Appeals Court Reverses Dismissal of Charges Against Prisoners Charged in Pelican Bay Riot by David Reutter by David M. Reutter On June 9, 2021, the California Supreme Court declined to hear an appeal to a decision handed down by the state’s First District Court of Appeal on March 29, …
Qualified Immunity Granted in Suit Challenging Policy of “Checking-In” on Nevada Prisoner’s Legal Calls by David Reutter by David M. Reutter On July 8, 2021, the U.S. Court of Appeals for the Ninth Circuit refused a request to rehear en banc a decision by a three-judge panel of the Court …
Sixth Circuit Denies Qualified Immunity for Failure to Protect Michigan Prisoner from Unsafe Working Conditions by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit held on August 24, 2021, that two Michigan prison employees were not entitled to qualified immunity in a lawsuit …
Article • February 1, 2022 • from PLN February, 2022
Lawsuit Over Winter Power Outage at Brooklyn’s Troubled Federal Detention Center Granted Class Certification by Kevin Bliss by Kevin Bliss Class-action status was granted on May 25, 2021, to a federal lawsuit brought by a half-dozen prisoners held by the federal Bureau of Prisons (BOP) at its Metropolitan Detention Center …
Settlement for New Jersey Special Needs Prisoner Students Includes Damages, Fees and Education by Edward Lyon by Ed Lyon On July 15, 2021, a settlement agreement and order was entered in U.S. District Court for the District of New Jersey, putting an end to a four-year-old class action lawsuit against …
Article • January 1, 2022 • from PLN January, 2022
Seventh Circuit Holds Dismissal of Lawsuit Removed to Federal Court Cannot Count as PLRA “Strike” by On December 22, 2020, the U.S. Court of Appeals for the Seventh Circuit held that when a lawsuit is removed to federal court from state court and then dismissed for failure to state a …
Article • December 10, 2021
Fifth Circuit Holds Guard Who Let Detainee Hang Himself Entitled to Qualified Immunity by On July 2, 2021 United States Court of Appeals for the Fifth Circuit reversed a district court's denial of qualified immunity to three officers employed by the Coleman County Jail (CJC) in an action alleging the …
Article • December 1, 2021 • from PLN December, 2021
Filed under: Dismissal
Michigan Prisoner’s Corizon Suit Dismissed Due to “Morass of Irrelevancies” by David Reutter by David M. Reutter The Sixth Circuit Court of Appeals affirmed the dismissal of a prisoner’s civil rights complaint because it was filled with “pages of irrelevant and unspecific allegations.” The Court said that in drafting a …
Article • December 1, 2021 • from PLN December, 2021
Salvation Army Sued for a Failing to Pay Wages to Drug Program Participants by A class action lawsuit alleges that the Salvation Army’s adult drug and alcohol rehabilitation centers and adult rehabilitation programs violate California law by failing to treat participants in those programs as employees. The civil complaint was …
Brief • November 9, 2021
Nelson v. CorrectHealth Muscogee, LLC, GA, Complaint, Negligence, 2021 Case 4:20-cv-00213-CDL Document 128 Filed 11/09/21 Page 1 of 22 IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION JERRY NELSON, as Personal Representative of the Estate of EDDIE LEE NELSON, JR., Deceased, and MICHELE DUSHANE, as Surviving …
Article • November 1, 2021 • from PLN November, 2021
Georgia Sheriff Suspended After Indictment on Federal Civil Rights Charges by David Reutter by David M. Reutter Clayton County Sheriff Victor Hill was suspended by Georgia Gov. Brian Kemp following the review of a federal civil rights indictment that charged Hill with ordering excessive use of force against detainees. Kemp’s …
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