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Virginia Supreme Court Upholds Derivative Sovereign Immunity for Jail Physician
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. As a result, the Court affirmed dismissal of a lawsuit brought against the ...
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More from this issue:
- Convictions at Any Cost: DOJ Report Slams Three Decades of Snitches and Due Process Violations in California’s Orange County, by Benjamin Tschirhart
- New BOP Director Clears Up First Step Act Implementation, by Benjamin Tschirhart
- From the Editor, by Paul Wright
- Incarcerated People Have Few Ways to Fight Back Against Censorship in Prisons, by Tamar Sarai
- Burning Tires Left Louisiana Prisoners With Migraines, Breathing Problems, and Minimal Medical Care As black smoke poured out of a burning tire dump in Louisiana, people inside the prison next door struggled to keep the fumes out., by Alleen Brown
- Ninth Circuit Says Statements Relayed at Criminal Trial By Nurse and Doctor Are Admissible, Not Hearsay, by David Reutter
- $959,000 Paid by Pennsylvania County in Deaths of Two Detainees, Plus at Least $750,000 from PrimeCare, by Ashleigh Dye
- Fourth Circuit Reinstates Virginia Prisoner’s Spoliation Motion for Lost Video of His Alleged Assault by Guards, by David Reutter
- Federal Judge in Pennsylvania Rules BOP Must Honor Transgender Prisoner’s Legal Name Change, by Casey Bastian
- Tenth Circuit Says Prison Work Assignment Covered Under ADA Protections, by Kevin Bliss
- Seventh Circuit: Indiana Prisoner Who Failed to Formalize Grievance Also Failed to Exhaust Remedies, by David Reutter
- Investigation Reveals “Black Market in Broad Daylight” for Prison Food, by Benjamin Tschirhart
- Record Deaths at Rikers Island Blamed on Guards’ Absenteeism, Abuse and Corruption, by David Reutter, Anthony Accurso
- $20,000 Paid by Centurion and MHM Health Professionals to Arizona Prisoner for Alleged Deliberate Indifference and Medical Negligence, by Jacob Barrett
- Third Circuit Strips Qualified Immunity From Delaware Guards Who Held Mentally Ill Prisoner in Solitary for Seven Months, by David Reutter
- Too Many Alabama Prisoners Still Dying with Too-Few Guards, Many Corrupt, by Jo Ellen Nott
- Former Tennessee Police Chief Sentenced to Six Years for Abusing Arrestees, by Kevin Bliss
- Ninth Circuit Revives Failure-to-Protect Claim of Arizona Prisoner Beaten by Gang, by David Reutter
- Florida Jailers Leave Detainees Out of Evacuation Plans During Hurricane, by David Reutter
- Arizona DOC Accused of Cheating Both Guards and Prisoners Out of Hourly Wages, by Keith Sanders
- Ninth Circuit Says California Felons Can Fight Fires While Imprisoned, But Not After, by Benjamin Tschirhart
- Fourth Circuit Says Prisoners with Gender Dysphoria not Excluded from ADA Protection, by Harold Hempstead
- Former Texas Prisoner Wins 12-Year Fight for Justice, by Kevin Bliss
- Student Loan Debt and Prisoners, by Edward Lyon
- Arizona Resumes Executions, by Chuck Sharman, Eike Blohm, MD
- New Report Estimates U.S. Prisons Hold Nearly 50,000 People in Solitary Confinement, by Jennifer Taylor
- After Federal Judge Censors Lawyer’s Tweets About CoreCivic, Company Settles Suit Over Tennessee Prisoner’s Murder by Cellmate, by Harold Hempstead
- Fourth Circuit Says Three-Strikes Federal Prisoner’s Imminent Danger Claim Must Be Evaluated on ‘Totality of Circumstances’, by Benjamin Tschirhart
- Virginia Supreme Court Upholds Derivative Sovereign Immunity for Jail Physician, by Matthew Clarke
- Fifth Circuit: No Qualified Immunity for Mississippi Sheriffs in Suit Over Mentally Ill Man’s Years-long Unlawful Detention, by Matthew Clarke
- Nevada Federal Court Says Prisoner’s § 1983 Suit Should’ve Been a Habeas Petition, But Returns Filing Fee, by David Reutter
- PLN Contributor’s Retaliation Suit Against Oregon Prison Officials Survives, by Jacob Barrett
- Georgia Jails Faulted in Struggle With High COVID-19 Infection Rates, by Kevin Bliss
- Seventh Circuit Trims What Indiana Prisoner Owes Jail Doctor in Lost Lawsuit, by David Reutter
- Under New Mississippi Law, State Chooses Execution Method, by David Reutter
- Prisoner Health Update: Hepatitis C, by Eike Blohm, MD
- Florida Makes Parolees Criminally Liable for Accidental Voter Registration Fraud, by David Reutter
- Award Slashed for Delaware Prisoner Sexually Groped by Guard, by Kevin Bliss
- Oklahoma Jail Guard Gets 46 Months for Setting Up White Supremacist Attack on Black Detainees, by David Reutter
- Federal Judge Refuses to Shorten Corruption Sentence for Former Head of New York City Jail Guards’ Union, by Matthew Clarke
- DOJ Releases Special Report on U.S. Prison COVID-19 Response, by Eike Blohm, MD
- Former Judges in Pennsylvania ‘Kids for Cash’ Scandal Must Pay $206 Million in Damages, by Ashleigh Dye
- $60,000 Paid by Pennsylvania County to Jail Detainee Savagely Beaten by Cellmate While Guards Allegedly Ignored Cries for Help, by Benjamin Tschirhart
- $300,000 Paid by Colorado to Prisoner Sexually Harassed by Guard with Foot Fetish, by Harold Hempstead
- $98,000 Paid by BOP to Immigrant Detainees Racially Profiled as Terrorists in New York City Lockup, by Kevin Bliss
- $480,000 Paid by California County to Detainee Whose Newborn Died After Guards Stopped at Starbucks en Route to Hospital, by Ashleigh Dye
- Former BOP Warden Convicted of Sexually Abusing Prisoners in California ‘Rape Club’ Scandal, by Kevin Bliss
- Fifth Circuit Denies Qualified Immunity to Mississippi Cops Who Let Injured Hemophiliac Bleed Out in Jail, by Matthew Clarke
- News in Brief
More from Matthew Clarke:
- Report Finds Bad Forensic Evidence Leads to More Wrongful Convictions and Establishes Forensic Errors Typology, May 15, 2024
- Fourth Circuit Moves North Carolina Prisons Closer to Recognizing Nation of Gods and Earths, May 1, 2024
- Alabama Denied Summary Judgment in Prisoner’s Suit Over Knifepoint Rape, May 1, 2024
- Ninth Circuit Refunds Filing Fee to “Struck-Out” California Prisoner Denied Indigent Status Under PLRA, May 1, 2024
- “Third Time Is Not the Charm” For Texas Jailers Barred by PLRA from Enforcing Prior Settlement Agreement Against Prisoner in New Suit, May 1, 2024
- $15,000 to Virginia Prisoner Mauled by DOC K-9, May 1, 2024
- Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, April 15, 2024
- Condemned Texas Prisoner Ruled Too Mentally Ill to Execute, April 1, 2024
- $9,000 Settlement in Wisconsin Prisoner’s Heat-Related Illness Suit, April 1, 2024
- Oklahoma Jail Withholds Death Records, Fails to Report Five Since 2018, April 1, 2024
More from these topics:
- Alabama Woman Jailed for “Fetal Endangerment” Sues After She Was Forced to Give Birth Alone in Jail Shower, May 1, 2024. Medical Misconduct, OB/GYN, Failure to Treat.
- Qualified Immunity Denied to Former New Mexico Warden in Prisoner’s Sexual Abuse Claim, May 1, 2024. Staff-Prisoner Assault, Discovery, Qualified Immunity, Supervisory Liability, Immunity - Absolute and Qualified.
- San Diego Jury Deadlocks on Charges Against Jail Doctor in Detainee’s Death, Nurse Acquitted, May 1, 2024. Medical Misconduct, Drug/Alcohol Withdrawal, Medical Neglect/Malpractice.
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024. Guard Misconduct, Failure to Treat, Jail Specific, Qualified Immunity, Medical Neglect/Malpractice, Immunity - Absolute and Qualified, Deliberate Indifference.
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024. Guard Misconduct, Seizures, Failure to Treat, Drug Overdose, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference.
- BOP Guard, Nurse in Virginia Indicted in Prisoner’s Death, April 26, 2024. Guard Misconduct, Medical Misconduct, Failure to Treat, Deliberate Indifference.
- $8.5 Million Settlement After Pretrial Detainee Suffocated by Guards and Medical Staff at Virginia Psychiatric Hospital, April 1, 2024. Guard Misconduct, Medical Misconduct, Excessive Force (Wrongful Death), Civil Commitment.
- $33 Million Awarded to Family of Oklahoma Jail Detainee Mocked By Nurse and Guards As He Died Begging for Help, April 1, 2024. Guard Misconduct, Medical Misconduct, Failure to Treat, Jail Specific, Medical Neglect/Malpractice.
- Sixth Circuit Refuses Michigan Prisoner’s Excessive Force Claim Despite Guard’s Conviction for Battery, April 1, 2024. Jail Misconduct, Eighth Amendment, Guard Brutality/Beatings, State Law Claims, Immunity - Absolute and Qualified.
- Eighth Circuit Affirms Qualified Immunity for Missouri Prison Chief in Sexual Abuse Claims Against Former Guard, April 1, 2024. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Immunity - Absolute and Qualified.