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Fifth Circuit Holds Prison Guard’s Injury-Causing Reckless Driving States Nonfrivolous Claim
Loaded on Sept. 19, 2014
by Matthew Clarke
published in Prison Legal News
September, 2014, page 45
Filed under:
Injury -- Misc.,
Failure to Treat,
Transportation,
Frivolous Litigation.
Location:
Texas.
Fifth Circuit Holds Prison Guard’s Injury-Causing Reckless Driving States Nonfrivolous Claim
by Matt Clarke
The Fifth Circuit Court of Appeals held last year that a district court erred when it dismissed a prisoner’s claim that he was severely injured when a guard driving a transport van slammed on the brakes, ...
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More from this issue:
- Some States Refuse to Implement SORNA, Lose Federal Grants
- Volunteers Help Prisoners Vote at D.C. Jail
- Some GPS Monitoring Devices Capable of Audio Recording, by Christopher Zoukis
- Indiana Supreme Court Holds Agreed Court Order with Prosecutor is Binding on DOC, by Matthew Clarke
- Incarceration is Excusable Default in New York Housing Court Proceeding, by Mark Wilson
- Recidivism Performance Measures for Private Halfway Houses in Pennsylvania, by Alex Friedmann
- Modern-Day Slavery in America’s Prison Workforce, by Beth Schwartzapfel
- South Florida Landlord Bucks Trend, Offers Housing to Sex Offenders
- $2.85 Million Jury Verdict for Suicide at Missouri Jail, by Derek Gilna
- New York Judge Unseals Attica Prison Riot Records – Sort of, by Joe Watson
- Prison Labor Boosts Wal-Mart’s Profits Despite Pledge, by Derek Gilna
- Courts Struggle with Child Pornography Restitution Following Supreme Court Ruling
- Fifth Circuit: “Mailbox Rule” Applies to Texas State Habeas Petitions
- Texas: Clerk May Not Bill Defendant for Attorney Fees Not Ordered by Court, by Matthew Clarke
- Fifth Circuit Holds Prison Guard’s Injury-Causing Reckless Driving States Nonfrivolous Claim, by Matthew Clarke
- Fourth Circuit Finds PLRA Attorney Fee Cap Constitutional, by David Reutter
- Eighth Circuit Holds No SORNA Registration Requirement after Leaving U.S., by Matthew Clarke
- Alabama DOC Short Hair Policy Does Not Violate RLUIPA, by David Reutter
- First Circuit Dismisses Appeal of Court’s Failure to Sanction Federal Prosecutor, by Matthew Clarke
- Eighth Circuit Upholds Injunction Over Cameras in Restrooms at Civil Commitment Center, by Matthew Clarke
- Former New Mexico State Senator Released from Prison
- Transferred Prisoner May Sue Oklahoma Officials in Oregon Court, by Mark Wilson
- Eleventh Circuit Tailors Turner for Censorship Claims at Civil Commitment Center, by David Reutter
- Seventh Circuit Upholds Dismissal of Suit Over Placement on Suicide Watch, by Matthew Clarke
- Alabama Work Release Transportation, Medical and Drug Screen Costs Not “Incidental to Confinement”, by David Reutter
- Fifth Circuit: Prisoner Who was Raped May Proceed with Lawsuit against Lock Company, by Matthew Clarke
- Massachusetts: Acquittal on Additional Sex Offense Doesn’t Trigger Reevaluation of Sex Offender Classification, by Matthew Clarke
- BOP Criticized for Failing to Oversee Healthcare Administrator at FCC Butner, by Derek Gilna
- New Report Cites Fewer HIV-Positive State and Federal Prisoners, by Matthew Clarke
- Selection and Retention Process for Tennessee Appellate Court Judges Challenged, by Christopher McWhorter
- Sentence Reductions for “Snitching” Undermine U.S. Justice System, by Derek Gilna
- Settlement Opens Georgia Courtrooms to the Public, by David Reutter
- Do Residency Bans Drive Sex Offenders Underground?, by Steven Yoder
- CCA Has Long History of Wage Violations, Poor Treatment of Employees
- Private Debt Collection Companies Contract with District Attorney’s Offices, by David Reutter
- From the Editor, by Paul Wright
- Texas: Unconstitutional to Revoke Probation Due to Refusal to Self-Incriminate During Polygraph or Therapy, by Matthew Clarke
- News in Brief
More from Matthew Clarke:
- New York Court of Appeals Announces ‘Due Diligence’ Is Applicable Standard for Certificate of Compliance Regarding Discovery Obligations and Trial Readiness, Improper Certificate Is ‘Illusory” and Fails to Toll Speedy Trial Clock, July 15, 2024
- Surveillance Tech Companies Compose Self-Promoting Press Releases for Cops That Media Lazily Regurgitates, July 15, 2024
- UN Human Rights Committee Report: ICE Electronic Data Surveillance Practices Violate Human Rights Law, July 15, 2024
- Federal Watchdog Slams BOP for Sham Accreditations, July 1, 2024
- Seventh Circuit Affirms Dismissal of Retaliation Claim By Federal Prisoner Against Guard in Illinois Lockup Who Saw Grievance Against Him, July 1, 2024
- Ohio Supreme Court Says Prisoner’s ‘Kite’ Is Public Record, But Denies Damages for Withholding It, July 1, 2024
- Forensic Genetic Genealogy: Law Enforcement’s Rapid Adoption Outpacing Adoption of Laws and Ethical Guidelines Regulating Its Use, June 15, 2024
- Report Finds Inaccurate Field Drug Tests Major Cause of Wrongful Convictions, June 15, 2024
- Vermont Court Orders Centurion to Cough Up Records in HRDC Suit, June 1, 2024
- Seventh Circuit: Heck Bars Civil Rights Challenges to Civil Commitment, June 1, 2024
More from these topics:
- Illinois Prisoner Awarded Over $822,000 For Hernia Care Denied by Wexford Health, July 1, 2024. Wexford Health Services, Failure to Treat, Attorney Fee Awards, Attorney Fees (PLRA), Damages - Punitive.
- $15,000 Net Award for Georgia Prisoner’s Delayed Hep-C Treatment, July 1, 2024. Hepatitis, Failure to Treat.
- Private Prison Transport Guards Sentenced to Prison for Raping Detainees, June 1, 2024. Staff-Prisoner Assault, Private Prisons, Contractor Misconduct, Transportation.
- 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.
- $32,000 Settlement for Failure to Provide Insulin to Diabetic Wisconsin Prisoner, May 1, 2024. Medication, Failure to Treat.
- $175,000 Awarded to Former California Detainee Whose Suit Prompted DOJ Investigation and Settlement Requiring Structural Changes at Jail, April 26, 2024. Disabled Prisoners, Failure to Treat, Jail Specific, DOJ CRIPA Actions, Americans with Disabilities Act.
- 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.
- Florida Supreme Court Bans ‘Vexatious’ Prisoner From Filing Further Pro Se Petitions, April 26, 2024. State Law Claims, Frivolous Litigation.
- BOP Guard, Nurse in Virginia Indicted in Prisoner’s Death, April 26, 2024. Guard Misconduct, Medical Misconduct, Failure to Treat, Deliberate Indifference.