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Fifth Circuit Reinstates Federal Prisoner’s Tort Claim Against BOP Officials
by Keith Sanders
The U.S. Court of Appeals for the Fifth Circuit held on August 23, 2021, that a district court erred in dismissing a former federal prisoner’s intentional tort claims.
The former prisoner, Bryan Kerr Dickson, was incarcerated by the Bureau of Prisons (BOP) at the Federal Correctional Complex ...
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More from this issue:
- Living and Dying on Rikers Island: The Latest Installment, by Kevin Bliss
- From the Editor, by Paul Wright
- Omicron Has Arrived. Many Prisons and Jails Are Not Ready., by Keri Blakinger, Beth Schwartzapfel
- The Good, the Bad and the Ugly of the Omicron Winter, by Jo Ellen Nott
- Suit by HRDC Alleging GTL and Securus Violated Sherman Anti-Trust Act Survives Motion to Dismiss, by Douglas Ankney
- Long-Time PLN Contributor Released from Solitary Stint in Oregon for ‘Contraband’ Toy Phone, by Jacob Barrett
- $90,000 Paid by Illinois County to Prisoner Tasered by Two Guards He Wasn’t Resisting, by David Reutter
- Inmate Magazine Service Settlement Prohibits Further Sale of Magazine Subscriptions, Orders Payment of $2.2 Million for ‘Consumer Redress’
- Sixth Circuit Denies Qualified Immunity for Failure to Protect Michigan Prisoner from Unsafe Working Conditions, by David Reutter
- HRDC Appeals Denial of Public Records Request for Documentation of Secret Settlement in Maine Jail Prisoner’s Excessive Force Lawsuit, by Matthew Clarke
- $10,000 Awarded by Nevada Federal Court to Prisoner Assaulted by Former State Prison Guard, by Matthew Clarke
- Prison Employee Union Fighting to Stop Closure of San Diego Federal Detention Center, by Keith Sanders
- Lawsuit Over Winter Power Outage at Brooklyn’s Troubled Federal Detention Center Granted Class Certification, by Kevin Bliss
- Another Death by Taser in Sangamon County, Illinois Jail, by Jayson Hawkins
- Activists Play Whack-a-Mole Closing ICE Detention Centers, by David Reutter
- North Carolina Renames Prisons Whose Names Honored Enslavers, by Matthew Clarke
- Investigations Into the Deaths of Several Prisoners and Two Guards Reveal Rampant Corruption, Cover-ups in California Prison, by Keith Sanders
- $900,000 Settlement in Class Action Lawsuit Alleging Securus Recorded California Prisoner-Attorney Calls, by David Reutter
- Settlement for New Jersey Special Needs Prisoner Students Includes Damages, Fees and Education, by Edward Lyon
- $7,500 Settlement for Pennsylvania Prisoner Assaulted by Guards And Denied Medical Care
- White Supremacist Groups Continue to Infest Florida DOC
- $1 Million Default Judgement for Michigan Jail Prisoner Against Health Care Provider in Sexual Assault, by Mark Wilson
- Transgender Women in Illinois DOC Secure Injunction with Special Monitor, by Casey Bastian
- Seven Prisoners Died in 2021, One by Homicide, at Virginia’s Only Private Prison
- ‘They Know No Bounds’: Suffolk County New York Prosecutors Sent to Prison, by Edward Lyon
- Eighth Circuit Rules Guard’s History of Excessive Force too Prejudicial or a Jury to Hear in Prisoner’s Excessive-Force Case, by Matthew Clarke, Jacob Barrett
- Tennessee CoreCivic Prison Guard Indicted for Beating Unresisting Prisoner, Attempting Cover-up, by Harold Hempstead
- New York Jail Required to Provide Methadone to Detainee for Addiction Treatment
- Fifth Circuit Holds Private Immigration Detention Facilities Are Subject to Trafficking Victims Protection Act’s Prohibition Against Coerced Labor, by Matthew Clarke
- Seventh Circuit: No Case for Loss of Eye from Medical Neglect Because of Lack of Expert Testimony, by Jacob Barrett
- Ninth Circuit Continues Trend of Reversing Injunctive Relief Protecting Prisoners From COVID-19, by Douglas Ankney
- Fifth Circuit Says Federal Habeas Action May Not Be Used to Challenge Conditions of Confinement Related to COVID-19, by Matthew Clarke
- Judge Sentences Boss of ‘Horrific’ Cuyahoga Ohio Jail to Prison, by Edward Lyon
- After Second Circuit Rules in His Favor, Connecticut Prisoner Required to Exercise in Full Restraints for Six Months Takes $100,000 Settlement, by Matthew Clarke
- Qualified Immunity Granted in Suit Challenging Policy of “Checking-In” on Nevada Prisoner’s Legal Calls, by David Reutter
- Seventh Circuit Grudgingly Affirms Summary Judgment in Illinois’ Prisoner’s Suicide Lawsuit, by Dale Chappell
- California Appeals Court Reverses Dismissal of Charges Against Prisoners Charged in Pelican Bay Riot, by David Reutter
- Fourth Circuit Grants Qualified Immunity to Prison Official Who Gave Prisoner No Notice Before Hearing That Resulted in Transfer to Security Detention, by David Reutter
- ‘Disconnect’ Between Illinois Prisoner’s Grievance and Complaint Results In Failure to Exhaust, by Jacob Barrett
- Fifth Circuit Reinstates Federal Prisoner’s Tort Claim Against BOP Officials, by Keith Sanders
- $4,000 Federal Bench Verdict to Kentucky Prisoner Assaulted by Guard While Restrained
- News in Brief
More from Keith Sanders:
- No Summary Judgment for Private Transportation Company in Maryland Detainee’s Suit Alleging “Horrific” 2,000-Mile Journey, Sept. 15, 2023
- California College Offers Housing, Services to Formally Incarcerated Students, Aug. 15, 2023
- New Report Pats BOP on the Back for Addressing Problems With Restrictive Housing, PREA, Aug. 15, 2023
- Ohio Supreme Court Grants State Prisoner Another $1,000 for Denied Records, Aug. 15, 2023
- Prisoner Who Reached $11,400 Retaliation Settlement with South Dakota Jail Tries Again with DOC, July 15, 2023
- More Success for Medication-Assisted Treatment Programs in Prisons and Jails, July 15, 2023
- $15,001 Verdict Against Delaware Guard for Gaping Prisoner’s Butt During Strip Search, July 15, 2023
- Study Shows COVID-19 Drove Prison Death Rates 50% Higher, June 15, 2023
- Wellpath Subsidiary Out of Australian Women’s Prison After Indigenous Prisoner’s Death, June 15, 2023
- Specialized Police Units Hunt People for ICE, June 15, 2023
More from these topics:
- 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).
- DOJ Directs BOP, U.S. Marshals to Improve Suicide Prevention, Feb. 15, 2025. Failure to Treat (Mental Illness), Suicides, Bureau of Prisons (BOP), Civil Rights Violations.
- Despite Prevalence, Most ADHD Behind Bars Goes Undiagnosed and Untreated, Feb. 15, 2025. Failure to Treat (Mental Illness).
- Suits Filed Over Dehydration Deaths at Two Texas Jails, Jan. 15, 2025. Failure to Protect (General), Water, Settlements, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- Four-Month Wait for 40 Percent of South Carolina Jail Detainees Needing Psychiatric Evaluation, Jan. 15, 2025. Systemic Medical Neglect, Failure to Treat (Mental Illness), Detainers - Generally.
- Top Doc Sacked from Maryland Psych Hospital with “Climate of Chaos”, Jan. 15, 2025. Systemic Medical Neglect, Malpractice, Staffing, Failure to Treat (Mental Illness).
- Spit Hoods, Modern Legacy of Torture, Nov. 15, 2024. Restraints, Failure to Treat (Mental Illness).
- $1.5 Million Settlement Approved in Chicago Jail Suicide Case, Nov. 15, 2024. Settlements, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides.
- Mentally Ill Detainee Allegedly “Stomped” In the Head By South Carolina Jailer, Oct. 15, 2024. Guard Brutality/Beatings, Mental Health, Failure to Treat (Mental Illness).