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Fifth Circuit: Sleep Deprivation May Violate Eighth Amendment
Fifth Circuit: Sleep Deprivation May Violate Eighth Amendment
by Matt Clarke
In an unpublished ruling, the Fifth Circuit held on April 1, 2014 that a Texas prisoner’s sleep deprivation-based challenge to the security schedule used by the Texas Department of Criminal Justice (TDCJ) may state a valid claim for violation ...
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More from this issue:
- When Halfway Houses Pose Full-Time Problems, by Derek Gilna
- Prison Legal News Prevails in Tennessee Public Records Suit in Spite of Sheriff’s Antics
- “Ban the Box” Campaigns Seek to End Discrimination Against Formerly Incarcerated College Applicants, by Victoria Law
- Pennsylvania’s Megan’s Law Struck Down, Some Prisoners Released, by David Reutter
- Colorado Prisoner Sues Security Guard Who Sexually Abused Her Moments after Giving Birth
- News in Brief
- Florida Supreme Court: Review of Parole Commission Revocation Order Limited, by David Reutter
- Fifth Circuit Holds Prison Officials Need Not be Named in Grievances, by Matthew Clarke
- Georgia: Mandamus Available to Compel Law Library Access, by David Reutter
- Malpractice Suit Proceeds against Michigan Defense Attorney in Wrongful Conviction Case, by David Reutter
- The Globalization of Supermax Prisons, edited by Jeffrey Ian Ross (Rutgers University Press, 2013). 240 pages, $28.95 paperback, by Gary Hunter
- Jail Closes “God Pod,” Agrees to Accommodate Muslim Prisoners
- California Parole Term Not Shortened by Improper Parole Denial, by Mark Wilson
- Introduction of Nolo Plea to Challenge Prisoner’s Credibility was Error, by David Reutter
- Ohio DOC Director Wants Return to Stricter Law after 2012 Spike in Positive Drug Tests
- Florida Court of Appeals: Prison Guards Can Raise “Stand Your Ground” Defense, by Matthew Clarke
- Fifth Circuit: Sleep Deprivation May Violate Eighth Amendment, by Matthew Clarke
- West Virginia Public Defender Disbarred for Child Prostitution “Hoax”
- $145,000 Settlement for U.S. Citizen Held on Immigration Detainer due to Racial Profiling
- Prisoner’s Request for Medical Care after Signing Refusal Form Precludes Summary Judgment, by David Reutter
- Investigation Finds that Money Stolen from Oregon Prison Wasn’t Really Stolen, by Joe Watson
- America’s Prisons: A Road to Nowhere, by Ben Notterman
- RLUIPA Explained in Tenth Circuit Decision re Denial of Sweat Lodge Access, by David Reutter
- Consent Decree and Remedial Plan End Lawsuit Challenging Conditions in Illinois Juvenile Facilities, by Matthew Clarke
- Tennessee Man Sues for Placement in Women’s Facility for Three Years
- Tenth Circuit: No Qualified Immunity for Juvenile Restraint Chair Punishment, by Mark Wilson
- CCA Board Member Steps Down from Open Government Organization
- Virginia Prison’s Policy Requiring Physical Indicia of Faith for Religious Sincerity Held Unconstitutional; Suit Settles for $3,795, by David Reutter
- Florida Death Row Prisoner Entitled to Prison and Medical Records, by David Reutter
- State Appellate Costs Improper on Washington PRP Dismissal, by Mark Wilson
- Texas Prison Population Drops as Guard Shortage Persists, by Matthew Clarke
- Federal Court Orders Colorado to Provide Outdoor Recreation to Supermax Prisoner, by Matthew Clarke
- Admission of Jail Disciplinary Records at Criminal Trial May Violate Confrontation Clause, by David Reutter
- Oklahoma Supreme Court Remands Consolidated Sex Offender Registration Case, by Shepherd Litsey
- From the Editor, by Paul Wright
- Controversy, Criticism Plague Brooklyn Halfway House, by Derek Gilna
More from Matthew Clarke:
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025
- Sixth Circuit Upholds $6.4 Million Jury Award Against Corizon Nurses For Michigan Jail Prisoner’s Fatal Alcohol Withdrawal, March 1, 2025
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025
- Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges, Feb. 15, 2025
- Among World Nations, Individual U.S. States Near Top of List for Per Capita Incarceration, Feb. 15, 2025
- DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees, Feb. 15, 2025
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025
- Historic $7 Million Settlement in Lawsuit Over Michigan Jail Prisoner’s Fatal Beating, Feb. 15, 2025
- Suits Filed Over Dehydration Deaths at Two Texas Jails, Jan. 15, 2025
More from these topics:
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025. Eighth Amendment, Felon Disenfranchisement Statute.
- Fifth Circuit Revives Texas Prisoner’s Sleep Deprivation Claim—Again, Feb. 15, 2025. Medical Misconduct, Systemic Medical Neglect, Lighting, Noise, Sleeping on Floor.
- Illinois Shutters Decrepit Prison, Dec. 15, 2024. Ventilation, Water, Hygiene Supplies, Lighting, Vermin, Rural Prisons, Class Actions.
- 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.
- 11th Circuit Tells Sexually Assaulted Transgender Georgia Prisoner: PREA Violations Aren’t Per Se Eighth Amendment Violations, Oct. 27, 2022. Sexual Assault, Eighth Amendment, Prison Rape Elimination Act, Discrimination (Transgender).
- Seventh Circuit Reiterates That Threats and Withholding Grievance Forms Render Administrative Remedies Unavailable to Prisoner, July 15, 2022. Retaliation for Filing Grievances, Failure to Protect (General), Eighth Amendment.
- Eighth Circuit Reinstates Arkansas Prisoner’s Claim Over DOC’s Failure to Maintain Hearing Aids, July 15, 2022. Correct Care Solutions, Hearing, Failure to Treat, Malpractice, Eighth Amendment, Americans with Disabilities Act.
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, April 1, 2022. Eighth Amendment, Americans with Disabilities Act, Rehabilitation Act.
- San Luis Obispo County Jail Conditions Violate Eighth and Fourteenth Amendments, Dec. 1, 2021. Private Contractors, Eighth Amendment, Fourteenth Amendment, rights.
- Indiana Supreme Court Applies Recently Announced Proportionality Framework for In Rem Fines and Holds Forfeiture of $35,000 Land Rover Grossly Disproportionate to Underlying Offense in Violation of Eighth Amendment, Ending 7-Year Saga, Sept. 15, 2021. Eighth Amendment, Seizure of Prisoner Funds.