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Fourth Circuit: No Privacy Expectation Exists for Prisoner in Diagnosis and Treatment of HIV
by David M. Reutter
The Fourth Circuit Court of Appeals held that a prisoner does not have a “reasonable expectation of privacy” in his HIV status while in a prison medical unit. The court further held that individuals have no private right of action under the Health Insurance Portability and ...
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More from this issue:
- Mississippi Supreme Court Applies Pro Se Leniency in Reversing Dismissal of Prisoner’s Lawsuit Challenging Prison Disciplinary Action, by Matthew Clarke
- Nominal Representation Without Actual Representation: One Person, No Vote, by Edward Lyon
- Louisiana Bars Problem Doctors from Practicing Medicine in Most Hospitals. So They Treat Incarcerated People Instead., by Addy Baird
- California Female Prisoners Used as Honey Trap Bait for Rapist Guard, by Edward Lyon
- From the Editor, by Paul Wright
- Human Rights Defense Center Prevails in Censorship Lawsuit Against Napa County Jail, California, by Derek Gilna
- California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, by Derek Gilna
- Modest Decline in Prison and Jail Populations in Spring 2021, by Matthew Clarke
- FCC Takes Further Action on Prison and Jail Phone Rates, by Chuck Sharman
- Seventh Circuit: PLRA Mandates Dismissal for Deceit on IFP Application, by David Reutter
- Federal BOP Overwhelmingly Denies Compassionate Releases During COVID, by Daniel A. Rosen
- HRDC Sues Florida DOC Over Censorship, for the Third Time in 18 Years, by Chuck Sharman
- Fourth Circuit: No Privacy Expectation Exists for Prisoner in Diagnosis and Treatment of HIV, by David Reutter
- Pandemic Medical Update: The Delta Surge, by Michael D. Cohen, MD
- These Meds Prevent Overdoses. Few Federal Prisoners Are Getting Them, by Beth Schwartzapfel
- Massachusetts Cop Indicted for Lying About Checking Cell of Prisoner Who Died of Drug Overdose
- New Clemency Rules Expected to Expedite Civil Rights Restoration in Florida, by Kevin Bliss
- Florida Files Environmental Lawsuit Against Phosphate Company Pollution, by Panagioti Tsolkas
- HRDC Sues Illinois DOC Under FOIA, Again, for GTL Contract Details, by Chuck Sharman
- The Fight Over Cellphones in Prisons Rages On, by Derek Gilna
- Lawsuit Over Alabama Private Mega-Prison Leases Dismissed, by Daniel A. Rosen
- San Diego Jail Approves Free Phone and Video Calls
- Eighth Circuit Holds Lack of “Clearly Established” Law Requiring Staffer to Notify of Prisoner’s Suicide Risk Prevented Damages, by Dale Chappell
- EPA Slams GEO Over Disinfectant Use at Private Prison, Federal Court Issues Preliminary Injunction to Stop It, by Dale Chappell
- $10 Million Settlement in Taser Death of Mentally Ill Man in South Carolina Jail, by David Reutter
- $750,000 Settlement in South Dakota Pretrial Detainee’s Overdose Death, by David Reutter
- Criminal Justice System Encourages Racism According to MIT Study, by Kevin Bliss
- US Marshalls Terminate Contract with GEO Snitch Camp at Queens NY Detention Facility, by Douglas Ankney
- California Begins Transfer of Prisoners to Facilities Consistent with Prisoners’ Gender Identity, by Douglas Ankney
- Florida’s Brutal Prison System Will Continue to Subsidize Rural Economies, With No Meaningful Reform in Sight, by David Reutter
- US DOJ Finds California Alameda County Jail in Violation of Constitution and ADA, by Matthew Clarke
- Ohio Guard Added to Sex Offender List and Sent to Prison for Sex with Detainee
- Report Shows COVID-19 Reduced Life Expectancy for Prisoners in Florida, Same Likely for Other States, by David Reutter
- $350,000 Settlement for New Mexico Pretrial Detainee in ‘Failure to Protect’ Claim, by David Reutter
- The Killing Fields: Three Alabama State Prisoners Murdered in Five Days, by Edward Lyon
- New Mexico Jail Sued For Allowing Woman Prisoner to Die of Infections, by Keith Sanders
- Beating Death in Oahu Jail Ends With Acquittal of Mentally Ill Killer, by Kevin Dayton
- $2.1 Million Awarded in Beating Ordered by Kentucky Jail Guard
- Ninth Circuit Reverses Summary Judgment in Lawsuit For CoreCivic Causing BOP Detainee’s Prolonged Detention Without Court Appearance or Attorney, by Matthew Clarke
- Fifth Circuit Affirms Dismissal of Federal Prisoner’s Bivens Action Challenging Due Process in 280-Day SHU Stay and Alleging Retaliation, by Matthew Clarke
- Lawsuit Filed Over Rodent Infestation at New Mexico Prison, by David Reutter
- District Court Extends Armstrong Order to Five Additional California Prisons, by Douglas Ankney, Derek Gilna
- Illinois Prison Guard Charged for Assaulting a Prisoner
- Decapitated Prisoner Shows CDCR Safety Standards Still Headed in the Wrong Direction, by Matthew Clarke
- The U.S. Department of Justice Creates Risk Assessment Tool to Help Determine Who is Eligible for Early Release Under First Step Act
- California Appeals Court Holds Habeas Action Over Censorship of Tattoo Magazine Mooted By Delivery, by Matthew Clarke
- Fifth Circuit Reverses Dismissal of Texas Prisoner’s Failure-to-Protect Suit, by Matthew Clarke
- Two Albuquerque Jailers Indicted for Killing Prisoner, by Matthew Clarke
- Attorney Fees Awarded Against CoreCivic After Defamation Suit Dismissed, by David Reutter
- Tenth Circuit Rejects Government’s Appeal Over Recorded Attorney Calls and Visits at Private Prison in Leavenworth, by Dale Chappell
- Prisoner’s Suicide in Sherburne County Minnesota Jail Results in $2.3 Million Settlement, by Keith Sanders
- $30,001 Jury Verdict Over Discriminatory ICE Notification Policy By Minnesota Jail, by Kevin Bliss
- Massachusetts Supreme Judicial Court Rules on Medical Parole Despite Death of Prisoners Who Sought Judicial Review, by Matthew Clarke
- News in Brief
More from David Reutter:
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- HIV and Incarcerated People: The Good, the Bad, and the Ugly, May 1, 2024. HIV/AIDS, Statistics/Trends.
- Prisoner Health Update: HIV, Aug. 15, 2023. HIV/AIDS.
- Beware of Smart Devices That Infringe on Your Privacy, April 15, 2023. Privacy Act, Police State-Surveillance, Electronic Surveillance.
- The Impact of Criminalizing Abortion on Prisoners and Mass Incarceration, July 15, 2022. Abortion, OB/GYN, Privacy Act, Need for Medical Consensus.
- Study Shows Care for HIV-Positive Prisoners Poor after Release, Worse for Those Re-Incarcerated, June 5, 2019. HIV/AIDS, Rehabilitation/Recidivism, Postage, Health care.
- California Police Privacy Laws Have Been Violating Brady for Years, March 15, 2019. Privacy Act, Brady Violations.
- $150,000 Settlement after Michigan DOC Discriminates Against HIV Positive Prisoner, March 5, 2019. Discrimination, HIV/AIDS, Settlements, Americans with Disabilities Act.
- Security Expert Says FBI Has Unlocked iPhones With Fingerprints of The Deceased, Oct. 25, 2018. Privacy Act, Police, Fourth Amendment, rights.
- Louisiana Jail Settles with DOJ Over HIV Discrimination, Oct. 12, 2018. Discrimination, HIV/AIDS.
- Victory: Virginia Supreme Court Delivers Blow to Police Use of License Plate Reader Technology to Track Drivers, Surveil Citizens, May 9, 2018. Databases, Privacy Act, Police, Fourth Amendment, rights, Police State-Surveillance.