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‘Qualified Immunity Cannot Shield Them’: Fourth Circuit Advances Suit by Virginia Prisoners for Overlong Solitary Confinement by Benjamin Tschirhart by Benjamin Tschirhart On June 14, 2022, the U.S. Court of Appeals for the Fourth Circuit affirmed denial of qualified immunity (QI) to officials with Virginia’s Department of Corrections (DOC) in …
Article • January 1, 2023 • from PLN January, 2023
Amended Consent Decree Entered in 11-Year-Old Class-Action Challenging Prisoner Healthcare in Illinois DOC by Douglas Ankney by Douglas Ankney On June 24, 2022, U.S. District Judge Jorge L. Alonso of the Northern District of Illinois entered an amended consent decree in a class-action suit challenging prisoner healthcare in the state …
Article • January 1, 2023 • from PLN January, 2023
Third Circuit Agrees With Pennsylvania Prisoner’s Access-to-Courts Claim, But Grants Defendants Qualified Immunity by David Reutter by David M. Reutter On June 15, 2022, in a precedential ruling that might help the next prisoner plaintiff, the U.S. Court of Appeals for the Third Circuit held that “a prisoner has a …
Article • December 27, 2022
Eighth Circuit Grants Qualified Immunity to Minnesota Jailers and Medical Provider Who Misdiagnosed Prisoner’s Leukemia as Gingivitis by Harold Hempstead by Harold Hempstead On April 12, 2022, the U.S. Court of Appeals for the Eighth Circuit said a Minnesota jail detainee was not subjected to unconstitutional treatment by jailers and …
Article • December 12, 2022
D.C. Circuit Grants BOP Medical Director Qualified Immunity in Suit Over Delayed Treatment of Prisoner’s Hepatitis C by Matthew Clarke by Matt Clarke On July 5, 2022, the U.S. Court of Appeals for the District of Columbia Circuit held that the medical director of the federal Bureau of Prisons (BOP) …
Brief • December 5, 2022
Jones v. Corizon Health Inc., MI, Judgment, Negligence, 2022 Case 1:20-cv-00036-HYJ ECF No. 244, PageID.5701 Filed 12/05/22 Page 1 of 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CHARLES JONES, Plaintiff, Case No. 1:20-cv-36 v. HON. HALA Y. JARBOU CORIZON HEALTH INC., et al., Defendants. ____________________________/ JUDGMENT …
Brief • December 5, 2022
Nelson v. CorrectHealth Muscogee, LLC, GA, Order, Negligence, 2022 Case 4:20-cv-00213-CDL Document 198 Filed 12/05/22 Page 1 of 24 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION JERRY NELSON, as personal * representative of the Estate of Eddie Lee Nelson, Jr., and * MICHELE …
Article • November 30, 2022 • from PLN December, 2022
Ninth Circuit Denies Qualified Immunity to Doctor and Nurses at California Jail Who Treated Detainee’s Ruptured Aorta With Pepto Bismol by David Reutter by David M. Reutter On May 24, 2022, the U.S. Court of Appeals for the Ninth Circuit denied a request for rehearing en banc of a case …
Article • November 30, 2022 • from PLN December, 2022
Filed under: COVID-19, Class Actions
Settlement Reached in COVID-19 Class Action Against DC Jail by Kevin Bliss, Jayson Hawkins by Kevin W. Bliss and Jayson Hawkins On April 12, 2022, the federal court for the District of Columbia approved a settlement agreement to resolve a class-action lawsuit which challenged conditions of confinement during the COVID-19 …
Article • November 30, 2022 • from PLN December, 2022
$3.7 Million in Attorney Fees Paid to Settle COVID-19 Class-Action at Orange County Jail by Jacob Barrett by Jacob Barrett On September 12, 2022, the federal court for the Central District of California granted final approval to a class-action settlement resolving claims against California’s Orange County Jail (OCJ) over its …
Fourteen Officials Indicted in New Jersey Women’s Prison Abuse Scandal, $21 Million Class-Action Settlement Reached by Ashleigh Dye by Ashleigh N. Dye On September 27, 2022, a New Jersey grand jury indicted 14 officials at Edna Mahan Correctional Facility (CF), the state’s only women’s prison. It was the latest fallout …
Article • November 30, 2022 • from PLN December, 2022
Filed under: PLRA, Dismissal
Eighth Circuit Says Judge Dismissing Claim of Federal Prisoner in Arkansas Was Premature in Counting It a PLRA ‘Strike’ by Matthew Clarke by Matt Clarke On January 12, 2022, the U.S. Court of Appeals for the Eighth Circuit said a lower court erred in declaring that a federal prisoner’s dismissed …
Article • November 30, 2022 • from PLN December, 2022
Filed under: PLRA, Dismissal
Eleventh Circuit Says No PLRA ‘Strike’ for Dismissal of Case Removed From State to Federal Court by David Reutter by David M. Reutter On January 25, 2022, the U.S. Court of Appeals for the Eleventh Circuit held that a prisoner who loses a federal lawsuit does not earn a “strike” …
Article • October 31, 2022 • from PLN November, 2022
Experimenting on Prisoners: New California Lawsuits Reveal Old Abuses by Eike Blohm, MD by Eike Blohm, MD The City of Philadelphia formally apologized on October 6, 2022, for medical experiments conducted on some 300 men — mostly Black, many of them pretrial detainees — incarcerated at the now-shuttered Holmesburg Prison …
Article • October 31, 2022 • from PLN November, 2022
Fifth Circuit Affirms Denial of Qualified Immunity to Texas Jailers Who Refused Medical Care to Detainee Dying of Drug Overdose by Matthew Clarke by Matt Clarke On June 1, 2022, the U.S. Court of Appeals for the Fifth Circuit upheld a district court’s denial of qualified immunity (QI) to staff …
Article • October 27, 2022
Federal Court Affords Immigrant Children More Due Process Rights in California Class-Action by Kevin Bliss by Kevin W. Bliss In a class-action suit filed by minor immigrants held in federal detention centers alleging deprivations suffered there, the federal court for the Central District of California granted plaintiffs a preliminary injunction …
Article • October 21, 2022
Fourth Circuit: Prison Officials Not Liable for Poor Conditions Unless Prisoner Also Alleges They Knew About Them And Did Nothing by Mark Wilson By Mark Wilson Prisoners making court challenges to their conditions of confinement must walk a legal tightrope to avoid pitfalls fatal to their claims. The U.S. Court …
Article • September 30, 2022 • from PLN October, 2022
Class Certification Maintained in New York Prisoners’ Suit for Damages Due to Illegally Imposed Post-Release Supervision by David Reutter by David M. Reutter On March 14, 2022, the federal court for the Southern District of New York denied a motion to decertify the class in a long-running suit filed by …
Article • September 30, 2022 • from PLN October, 2022
Sixth Circuit Denies Qualified Immunity to Ohio Prison Doctor After Prisoner Blinded by Stroke by David Reutter by David M. Reutter On March 30, 2022, the U.S. Court of Appeals for the Sixth Circuit affirmed denial of qualified immunity (QI) to an Ohio prison doctor who interrupted a state prisoner’s …
Ninth Circuit Terminates Idaho Prison Conditions Lawsuit After 40 Years of Litigation by David Reutter by David M. Reutter On March 22, 2022, the U.S. Court of Appeals for the Ninth Circuit affirmed termination of all prospective relief in a long-running class action alleging unconstitutional conditions at the Idaho State …
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