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Fifth Circuit Says Federal Habeas Action May Not Be Used to Challenge Conditions of Confinement Related to COVID-19
Loaded on Feb. 1, 2022
by Matthew Clarke
published in Prison Legal News
February, 2022, page 52
Filed under:
Contagious Disease -- Misc.,
COVID-19,
Conditions of Confinement,
Habeas Corpus.
Location:
Texas.
by Matt Clarke
As previously reported by PLN, federal appellate courts in the U.S. have taken a dim view of challenges to conditions of confinement that place prisoners at elevated risk from COVID-19.
Early in the pandemic, in May 2020, the Eleventh Circuit stayed an injunction issued by a federal ...
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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
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- ‘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 Matthew Clarke:
- Report Finds Bad Forensic Evidence Leads to More Wrongful Convictions and Establishes Forensic Errors Typology, May 15, 2024
- Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, April 15, 2024
- Condemned Texas Prisoner Ruled Too Mentally Ill to Execute, April 1, 2024
- $9,000 Settlement in Wisconsin Prisoner’s Heat-Related Illness Suit, April 1, 2024
- Oklahoma Jail Withholds Death Records, Fails to Report Five Since 2018, April 1, 2024
- North Carolina Court of Appeals Reinstates Parolee’s Parental Rights, Says Parole Conditions Barred Him from Visiting Minor Daughter, April 1, 2024
- Federal Prisoners Released Under First Step Act Show 37% Reduction in Recidivism, April 1, 2024
- Arizona Supreme Court Reverses Summary Judgment for Corizon Health in State Prisoner’s Death from Untreated Diabetes, April 1, 2024
- Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term, March 15, 2024
- California Court of Appeal Reverses Denial of Full Resentencing Under SB 483, March 15, 2024
More from these topics:
- Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell, May 15, 2024. Habeas Corpus, AEDPA.
- The Death of the Savings Clause, May 15, 2024. Habeas Corpus, AEDPA.
- “Sisters-In-Law” of Brazilian Prisoners Going Viral on TikTok, April 26, 2024. Conditions of Confinement, Prisoner Media, Internet.
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024. Resources, Habeas Corpus, AEDPA.
- $2,000 Paid to Former Arkansas Jail Detainees Given Horse Dewormer for COVID-19, April 1, 2024. Medication, Medical Experiments/Exploitation, COVID-19.
- Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel, March 15, 2024. Habeas Corpus, AEDPA, Sentence and Judgement, Failure to Consult/Investigate/Raise.
- Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period, March 15, 2024. Habeas Corpus, Involuntary Treatment/Drugging, Civil Commitment, Tolling of Statutes of Limitations and Laches.
- North Carolina Prison Official Pleads Guilty to COVID-19 Program Fraud, March 1, 2024. Government Misconduct, COVID-19, Fraud and Deceit, Fraud and Theft Loss.
- Restorative Justice Program Boosts South Carolina Prison and Public Safety, Feb. 1, 2024. Conditions of Confinement, Alternative Sentencing.
- Oklahoma Prisoner Uses COVID-19 Stimulus Check to Overturn Conviction, Jan. 1, 2024. COVID-19, Informants, Wrongful Conviction.