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Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died by David Reutter by David M. Reutter On December 15, 2022, the U.S. Court of Appeals for the Seventh Circuit reversed denial of qualified immunity (QI) to Illinois …
Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better by David Reutter by David M. Reutter In a maddening decision issued on January 31, 2023, the U.S. Court of Appeals for the Eighth Circuit reversed the denial of qualified immunity (QI) to four …
BOP Guard, Nurse in Virginia Indicted in Prisoner’s Death by Chuck Sharman by Chuck Sharman On June 6, 2023, a federal grand jury indicted two employees of the federal Bureau of Prisons (BOP) in Virginia for allegedly showing deliberate indifference to a prisoner suffering a cardiac emergency that killed him …
Kansas DOC Claims Discrimination Against Wiccans Was “Inadvertent” by Douglas Ankney by Douglas Ankney On September 27, 2023, the Kansas Department of Corrections (DOC) appeared to back down from a fight over providing state prisoners materials from a Wiccan shop—though it maintained a ban on correspondence from the shop owner …
Third Circuit Revives Disabled New Jersey Prisoner’s Claim for Deprivation of Walking Cane by Douglas Ankney by Douglas Ankney On September 19, 2023, the U.S. Court of Appeals for the Third Circuit reversed dismissal of prisoner Tremayne Durham’s suit blaming employees of the New Jersey Department of Corrections (DOC) for …
Article • April 1, 2024 • from PLN April, 2024
Missouri Expands Prison Mail Ban to Include Books Sent by Family, Friends by After banning state prisoners from receiving physical mail the year before, the Missouri Department of Corrections (DOC) extended the ban on September 25, 2023, to include books sent to prisoners from family or friends. The rule change …
Article • April 1, 2024 • from PLN April, 2024
$9,000 Settlement in Wisconsin Prisoner’s Heat-­Related Illness Suit by Matthew Clarke by Matt Clarke On October 3, 2023, the Wisconsin Department of Justice sent a check for $9,000 to a state prisoner in settlement of his claims that he suffered a heat-­related illness, fell and injured himself after state Department …
Seventh Circuit Reinstates Wisconsin Prisoner’s ADA Claim for Untreated Knee Injury by Matthew Clarke Matt Clarke On August 25, 2023, the U.S. Court of Appeals for the Seventh Circuit reinstated a Wisconsin prisoner’s claim that officials with the state Department of Corrections (DOC) violated Title II of the Americans with …
$470,000 Settlement After Texas Jail Nurses Fabricate Vital Signs for Detainee Who Died by Douglas Ankney by Douglas Ankney On September 14, 2023, the U.S. Court of Appeals for the Fifth Circuit dealt a death blow to claims filed by the estate of a Texas jail detainee against the county …
Seventh Circuit Says Lack of Expert Testimony Dooms Illinois Prisoner’s Medical Neglect Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit offered an Illinois state prisoner a hard lesson on July 27, 2023, affirming dismissal of his medical neglect claim against prison contractor …
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 …
Article • March 1, 2024 • from PLN March, 2024
Filed under: Access To Courts
Nevada Prisoner Strikes Out in Access-to-Courts Claim by David Reutter On August 18, 2023, the U.S. Court of Appeals for the Ninth Circuit affirmed summary judgment for officials with the Nevada Department of Corrections (DOC) in a prisoner’s claim that it limited his access to courts. The Court’s ruling maintains …
$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 …
Misadventures in Mail Censorship by Robert Schaeffer by K. Robert Schaeffer How an incarcerated writer is fighting a sad new normal of censorship and mail obstruction in Pennsylvania prisons This essay originally appeared in Inquest on October 19, 2023. The original can be found at https://inquest.org/misadventures-in-mail-censorship/ From August into September …
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, …
The Good That Prisoner Rights Lawyers Do by On April 23, 2022, UCLA law professor Sharon Dolovich delivered the keynote address at a Prisoner Rights and Prison Conditions symposium. She cited the challenges faced by attorneys who pursue prisoners’ rights litigation—an area of law “stacked a mile high against plaintiffs”—including …
Article • January 1, 2024 • from PLN January, 2024
Hurdles to Voting for Ex-Felons Rise in Tennessee and Virginia, Fall in Mississippi by On July 21, 2023, Tennessee announced a tough new rule for ex-felons seeking to exercise their voting rights. State Coordinator of Elections Mark Goins said that anyone with a felony conviction in another state whose voting …
Eleventh Circuit Addresses First Amendment, Due Process Interests in Georgia Prisoner Emails by New communications technology introduced in prisons and jails has raised questions as to how prisoners’ First Amendment rights are implicated. Such concerns were addressed by the U.S. Court of Appeals for the Eleventh Circuit on June 23, …
Article • January 1, 2024 • from PLN January, 2024
Maine Ends Prison Gerrymandering by Maine became the latest state to end prison gerrymandering on June 30, 2023, when Gov. Janet Mills (D) signed LD 1704/HP 1093 into law and joined 16 other states to count prisoners at their home address instead of the prison where they are incarcerated. The …
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