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Eighth Circuit: No Qualified Immunity for Detainee’s Overdose Death
Eighth Circuit: No Qualified Immunity for Detainee’s Overdose Death
by Mark Wilson
The Eighth Circuit Court of Appeals held on September 20, 2013 that an Arkansas jail guard was not entitled to qualified immunity for his deliberate indifference to a detainee’s serious medical condition which resulted in the detainee’s death. ...
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More from this issue:
- Update on PLN Suit Against Nevada DOC
- Seventh Circuit: No Qualified Immunity for Diabetic Detainee’s Death, by Mark Wilson
- SEC Rejects CCA, GEO Group Shareholder Resolutions to Reduce Prison Phone Rates
- Administrators Fired at Privately-Run Texas Jail
- Systemic Changes Follow Murder of Colorado Prison Director, by John Dannenberg
- Prison Closures Cause Economic Turmoil
- Do Faith-Based Prisons Work?, by Alexander Volokh
- North Carolina Repeals Racial Justice Law
- North Carolina: Hundreds of Federal Prisoners Legally Innocent, Some Still Incarcerated, by Derek Gilna
- Seventh Circuit Admits Prisoner is Right but Denies Relief, Suggests Clemency
- New York Prisoner Awarded Sanctions for Spoliation of Evidence; Case Settles for $500,000, by Mark Wilson
- Judge May Resolve Exhaustion Issue; No Policy on Grievance Non-decisions Means Remedies Unavailable, by David Reutter
- Seventh Circuit Reverses Summary Judgment in Dental Care Suit, by David Reutter
- Prison Officials Liable for Private Employer ADA Violations, by Mark Wilson
- Habeas Petitioner Cannot Avoid Payment of Appellate Filing Fees, by Michael Brodheim
- Oregon Victim’s Right to Restitution Survives Prosecutor’s Statutory Violation, by Mark Wilson
- England, Increasing Number of States Allow Same-Sex Prisoner Marriages or Civil Unions
- Illinois $50 State’s Attorney Fee Applies Only to Habeas Proceedings, by Mark Wilson
- Flimsy Reasons for Prolonged, Frequent Lockdowns State Eighth Amendment Claim, by David Reutter
- BOP Grievance System Contributes to “Compliance or Defiance” by Prisoners, by Derek Gilna
- New York Jail Guard Sentenced for Sexually Abusing Seven Prisoners
- Brady Violations Result in Habeas Relief for Pennsylvania Death Row Prisoner, by David Reutter
- Kentucky Prisoner’s Due Process Rights Violated in Disciplinary Hearing, by Robert Warlick
- Jury’s Tasteless Gag Gifts to Judge and Bailiff Fail to Demonstrate Unfair Trial
- Prison Industries in India Compete in Open Market
- Visitors Fingerprinted at Alabama Prisons
- Two Murders in Seven Months at CCA-run Prison in Tennessee
- Decline in Arrests of Los Angeles County Probation Officers
- Louisiana Public Service Commission Considers Prison Phone Issues
- Ninth Circuit: Damages Required for Compelled Religious-Based Treatment, by Mark Wilson
- Eighth Circuit: No Qualified Immunity for Detainee’s Overdose Death, by Mark Wilson
- Prisoners Unlikely to Benefit from New, Highly Effective Hepatitis C Treatment, by Greg Dober
- Oregon Parole Board: “Don’t Have to Explain Nothing to Nobody”
- Preliminary Injunction Entered in PLN Censorship Suit Against Ventura County, California
- Bonnie Kerness: Pioneer in the Struggle Against Solitary Confinement, by Lance Tapley
- From the Editor, by Paul Wright
- News in Brief
- Two Corrections Chiefs Serve Time in Segregation, by Christopher Zoukis
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Former California Guard Convicted On 64 Counts of Sexually Abusing Prisoners, March 1, 2025. Staff-Prisoner Assault, Guard Misconduct.
- Suboxone Manufacturer’s Delayed-Release Buprenorphine Injections Show Promise at Maine Jail, March 1, 2025. Medication, Drug/Alcohol Withdrawal, Drug Overdose, Drug Treatment/Rehab.
- U.S. Justice Department Investigating Tennessee CoreCivic Prison After Mother of Murdered Prisoner Reaches Settlement, March 1, 2025. Corrections Corporation of America/CoreCivic, Prison/Jail Murders, Staffing, Settlements, Wrongful Death.
- Federal Court Lets BOP Withhold Mortality Reviews Under FOIA, March 1, 2025. Prison/Jail Murders, Wrongful Death, Bureau of Prisons (BOP), Freedom of Information Act (FOIA).
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025. Guard Misconduct, Failure to Protect (General), Protective Custody, Official Investigation.
- Minnesota Supreme Court Says Randy Guard Must Face Prisoner’s Sexual Harassment and Assault Claims, Feb. 15, 2025. Staff-Prisoner Assault, Staff-Prisoner Harassment, Guard Misconduct, Federal Tort Claims Act, Federal Tort Claims Act (FTCA).
- $150,000 Settlement But No Charges After Schizophrenic Florida Detainee Killed by Jail Guards, Feb. 15, 2025. Guard Misconduct, Medical Neglect/Malpractice, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness).
- BOP Shutters “Rape Club” in California, Director Peters Quits, Feb. 15, 2025. Staff-Prisoner Assault, Guard Misconduct, DOC/BOP misconduct, Bureau of Prisons (BOP).
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025. Guard Misconduct, Prison Gangs, Failure to Protect (General), Guard Brutality/Beatings, Settlements.
- Ohio Guard Killed by Prisoner in Christmas Day Attack, Feb. 15, 2025. Staffing, Wrongful Death, Assaults on Staff, Failure to Protect (Staff).