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Fifth Circuit Holds Confessed Medical Malpractice Does Not Insulate Prison Medical Providers From Finding of Deliberate Indifference
by Matt Clarke
On August 11, 2021, the United States Court of Appeals for the Fifth Circuit held that a confession of medical malpractice by prison health care providers does not prevent a district court from finding deliberate indifference. In affirming the district court’s denial of defendants’ motion for summary ...
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More from this issue:
- Wrongfully Convicted Man Freed for Murder of Oregon DOC Director, But State Wants Him Back In Prison, by Mark Wilson
- From the Editor, by Paul Wright
- Indiana DOC Settles HRDC Mail Censorship Suit, by Chuck Sharman
- HRDC Represents Wrongfully Convicted Florida Man Who Spent 37 Years in Prison for a Rape Murder He Did Not Commit, by Chuck Sharman
- Fifth Circuit Overturns Permanent Injunction Requiring Texas Prison to Observe COVID-19 Precautions, by Matthew Clarke
- $750,000 Settlement in South Carolina Pretrial Detainee’s Suicide by Southern Health Partners, by David Reutter
- Arizona Auditor’s Report Finds Underfunding of DOC’s Capital Funding Requests and Unreconciled Prisoner Trust Fund Accounts, by Matthew Clarke
- Preliminary Injunction Bars Arkansas from Confiscating Prisoners’ COVID Stimulus Money, by David Reutter
- Washington State Prison Chief Secretly Forced to Retire, But Why?
- Benevolent or Predatory?, by Casey Bastian
- Georgia Sheriff Suspended After Indictment on Federal Civil Rights Charges, by David Reutter
- Language Matters: Why We Use the Words We Do, by Paul Wright
- What’s in a Name?, by Jeffrey Ross
- Louisiana Prisoners Used as Slave Labor During Hurricane Ida, Families Left in the Dark for Weeks, by Brian Dolinar
- Will Federal Prisoners on Home Confinement Have to Return to Prison?, by Dale Chappell
- Kentucky’s Prison HCV Policy of Monitoring Without Treatment Constitutional, by David Reutter
- Seven Guards Fired Over Collins County Texas Jail Death, by Jayson Hawkins
- All Massachusetts Jails to Provide Prisoners Ten Free Minutes of Phone Calls Per Week and Cap Charges on Additional Minutes at 14 Cents
- Company Surveils Activists Opposing Construction of Prisons and Jails, by Keith Sanders
- Federal District Court Orders All CDCR Employees be Vaccinated, by Douglas Ankney
- Louisville Jail Moves to Have Free Phone Calls for Prisoners by First of the Year, by Kevin Bliss
- Hackers Breach Thousands of Security Cameras, by David Reutter
- Wisconsin Feels Effects of Staffing Shortage in State Prisons, by Kevin Bliss
- First Prisoner Elected to Hold Public Office in Washington DC, by Kevin Bliss
- $72,000 Settlement Over Corizon’s Lack of Medical Treatment to Injured Arizona Prisoner, by Matthew Clarke
- Eleventh Circuit Upholds Immunity of Federal Prison Guards Under FTCA, Even for Blatant Unconstitutional Acts, by Dale Chappell
- Weeks Without a Shower: Neglect Defines COVID-19 Containment in California Jails, by Brian Osgood
- Audit Reveals Federal Bureau of Prisons’ Chaplaincy Services Branch Critically Depleted, by Casey Bastian
- To End Mass Incarceration, We Need to Bust the Myths That Prop It Up, by James Kilgore
- CFPB Hits JPay with $6 Million in Fines and Restitution Over Fee-Heavy “Debit Release Cards”, by Chuck Sharman
- Eleven Guards Fired after Death at Houston Jail, by Brian Dolinar
- HRDC Prevails Over Wellpath as Vermont Supreme Court Rules Private Contractor Must Release Public Records, by David Reutter
- Second Circuit Reversed Dismissal of Former BOP Prisoner’s FTCA Claim Against Dentist, by David Reutter
- Indiana Prisoner Entitled to Credit Time During Period of Erroneous Liberty, by David Reutter
- Eighth Circuit Clarifies Legal Standards for Conditions-of-Confinement Lawsuits Brought by Civilly-Committed Sex Offenders, by Matthew Clarke
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- News in Brief
More from Matthew Clarke:
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- Fourth Circuit Vacates Order Denying § 2254 Motion, Remands for Evidentiary Hearing on Whether Counsel’s Failure to Object to Duplicative Drug Conspiracy Counts in Violation of Double Jeopardy Clause Was Strategic, Oct. 1, 2024
- Rhode Island Supreme Court Holds Temporal Requirement of ‘Recent Fabrication’ Exception to Hearsay Rule Not Satisfied and Scribbled Note Made by Child Victim of Sexual Abuse Years After Alleged Events Not ‘Excited Utterance’, Oct. 1, 2024
- Virginia Governor’s Veto Exposes Prisoners Who Took Plea Bargains to Civil Rights Violations, Sept. 15, 2024
- Law Review Article Reports Metadata on Victims of Coercive Plea Bargaining, Sept. 1, 2024
- California Court of Appeal Announces Correct Legal Standard for Whether Dismissal of Sentence Enhancement Would ‘Endanger Public Safety’ Under § 1385(c)(2) Is Dangerousness at Time of Future Release, Not at Time of Resentencing Under SB 1393, Sept. 1, 2024
- New Mexico Supreme Court Holds Double Jeopardy Applies When Prosecutor’s Misconduct Willfully Disregarded Resulting Mistrial, Sept. 1, 2024
- After Spike in Jail Deaths, Riverside County Sheriff’s Department Under California Department of Justice Investigation, Aug. 15, 2024
- $7.5 Million Settlement in Suit Over California Jail Death, Aug. 15, 2024
- Oregon Transgender Prisoner Claims Abusive Violation of Injunction, but Court Declines Sanctions, Aug. 15, 2024
More from these topics:
- Mom of Murdered California Prisoner Defeats Motion to Dismiss Lawsuit by Guard Who Posted Pics of Corpse Online, Sept. 15, 2024. Failure to Protect (Wrongful Death), Motion To Dismiss, Social Media, Deliberate Indifference.
- Woman Left Handcuffed in Parked Cop Car Struck by Train Settles Suit for $8.5 Million, Sept. 1, 2024. Police Misconduct, Restraints, Settlements, Physical Injury/Restraint, Deliberate Indifference.
- Fourth Circuit Revives Claim Over North Carolina Jail Suicide, Aug. 15, 2024. State Law Claims, Suicides, Deliberate Indifference.
- Nevada DOC Under Fire for Hiring Unlicensed Medical Director, Aug. 15, 2024. Malpractice, Medical Neglect/Malpractice.
- Medical Examiners’ Biased Manner of Death Determinations Sending Innocent People to Prison and Exonerating Bad Cops, June 15, 2024. Police Misconduct, Medical Misconduct, Government Misconduct, Forensic Sciences, Police/Govt Misconduct.
- Tuberculosis Outbreak Exposed Weak Washington DOC Response, June 1, 2024. Medical Misconduct, Tuberculosis.
- Texas Bankruptcy Court Rejects Proposed Settlement of Prisoner Claims Against Corizon Health, June 1, 2024. Corizon, Malpractice, Damages, Bankruptcy.
- New York Court of Appeals Lets DOCCS Skate from Liability for Doctor’s Malpractice on State Prisoner, June 1, 2024. Malpractice, State Actions.
- 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.
- 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.