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Fifth Circuit Affirms Denial of Qualified Immunity to Texas Jailers Who Refused Medical Care to Detainee Dying of Drug Overdose
by Matt Clarke
On June 1, 2022, the U.S. Court of Appeals for the Fifth Circuit upheld a district court’s denial of qualified immunity (QI) to staff in a Texas jail who allegedly ignored the medical needs of a prisoner for 32 hours while he “moaned in pain, twitched, thrashed, ...
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More from this issue:
- COVID-19 Injunction Lapses in Oregon, Another Fails in Massachusetts, by Mark Wilson
- Unending ‘Crisis’ in San Diego County Jails: Hundreds Dead, Millions in Legal Payouts, by Jo Ellen Nott
- From the Editor, by Paul Wright
- Maine Caps Price of Phone Calls in State Prisons and Jails, by Benjamin Tschirhart
- San Diego County Pays $250,000 After Detainee Suicide in County Jail, by Jayson Hawkins
- New Federal ‘Fresh Start’ Student Loan Policy May Help Prisoners in Default, by Matthew Clarke
- Excessive-Force Claim by Now-Incarcerated Former Maryland Guard Survives, by Harold Hempstead
- South Carolina Judge Halts State Executions by Electrocution and Firing Squad, by Edward Lyon, David Reutter
- Michigan Supreme Court Says Prisoner’s Possession of Cell Phone by Itself Doesn’t Show Threat to Security, by David Reutter
- Ohio County Pays $2.5 Million for Photographing Female Detainees’ Tattooed Private Areas, by Kevin Bliss
- San Diego County Pays $3.488 Million After Jail Detainee Dies in Cell Extraction, by Chuck Sharman
- Federal Judge Calls Out BOP’s ‘Plinko’ Tactics, Orders Surgeon Found for Trans Prisoner’s Gender-Confirming Procedure, by Jacob Barrett
- San Diego County Pays $8.1 Million After Jail Guard Fatally Shot Fleeing Detainee in the Back, by Chuck Sharman
- The Catalog of Carceral Surveillance: Tablet Advertising That Can Also Issue Discipline, by Dave Mass
- Rifles, Tasers and Jails: How Cities and States Spent Billions of COVID-19 Relief, by Susie Cagle, Weihua Li, Anastasia Valeeva
- North Dakota Prisoner’s Conviction for Assault on Guard Vacated Due To Erroneous Jury Instruction, by David Reutter
- DOJ Finds Unconstitutional Conditions at Mississippi State Penitentiary in Parchman, by David Reutter
- Washington DOC Fined $84,000 for Health Code Violations Found After TB Outbreak, by Jacob Barrett
- Georgia Jail Settles Suit Filed by Mentally Ill Female Detainees With Policy Changes and $1.2 Million in Attorney Fees and Costs, by Matthew Clarke
- Tenth Circuit Vacates Oklahoma Prisoners’ Witness Tampering Conviction, by David Reutter
- Condemned Alabama Prisoner Now Spared Twice, by Chuck Sharman
- Gang Violence in Texas Federal Prison Results in Two Deaths, Nationwide BOP Lockdown, by Keith Sanders
- Hawaii Governor Finally Appoints Coordinator for State DOC Oversight Commission, by Douglas Ankney
- $6,000 Sanction for Mississippi Federal Prosecutor Who Lied to Court About COVID-19 Vaccination Status, by David Reutter
- Sentencing Reports Show Longer Sentences, Few Compassionate Releases, by Casey Bastian, Benjamin Tschirhart
- Tennessee Governor Suspends Executions, Orders Investigation Into Lethal Injection Process, by Harold Hempstead
- Nebraska Supreme Court Says Revocation of Post-Release Supervision Does Not Bar Prisoner From Earning Good Time Credit, by David Reutter
- Seventh Circuit: Chicago Police Department’s 30-Day Claim-or-Forfeit Policy for Arrestee Property Is Constitutionally Adequate, by Casey Bastian
- Over $386,000 Awarded to Mississippi Prisoner, Plus Hip Surgery He Was Denied, by David Reutter
- Eighth Circuit Rules Federal Prisoner Need Only Know Item Is Prohibited To Support Conviction for Possession of Contraband, by David Reutter
- Wisconsin Pays $8,000 To State Prisoner After Seventh Circuit Revives Retaliation Claim Against Guard Over Destroyed Legal Documents, by David Reutter
- $215,000 Awarded to New Jersey Detainee Assaulted by Jail Guards, by Keith Sanders
- Fifth Circuit Affirms Denial of Qualified Immunity to Texas Jailers Who Refused Medical Care to Detainee Dying of Drug Overdose, by Matthew Clarke
- Parole Board Members Miss Work, Leaving Nebraska Prisoners Locked Up, by Benjamin Tschirhart
- Georgia Sheriff Agrees To Provide Muslim Prisoners With Halal Meals for Ramadan, by Jacob Barrett
- More Victims Added to Sex Abuse Indictment of Former Federal Prison Warden in California; Former Chaplain Sentenced for Role in ‘Rape Club’, by Jo Ellen Nott
- Mississippi Attempts to Offload Prisoner Healthcare Costs Onto Medicaid, by Anthony Accurso
- Wisconsin High Court Admits Into Evidence Secret Tape of Prisoner Made by Fellow Prisoner, by David Reutter
- $2.1 Million Settlement for Estate of Detainee Who Committed Suicide in Scandal-Plagued Ohio Jail, by David Reutter
- Alabama Prisoner Who Escaped With Jail Guard Lover Charged in Her Death on the Run, by Kevin Bliss
- Experimenting on Prisoners: New California Lawsuits Reveal Old Abuses, by Eike Blohm, MD
- Fifth Circuit Upholds Nearly $13.5 Million Restitution Order Against Federal Prisoner, by Anthony Accurso
- Maine Settles Suit Over COVID-19 Jobless Benefits Seized From Prisoners, by Jayson Hawkins
- News in Brief
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:
- Suboxone Manufacturer’s Delayed-Release Buprenorphine Injections Show Promise at Maine Jail, March 1, 2025. Medication, Drug/Alcohol Withdrawal, Drug Overdose, Drug Treatment/Rehab.
- Seventh Circuit Reverses Denial of Class Certification in Suit Over Inadequate Dental Care at Chicago Jail, March 1, 2025. Dental Care, Failure to Treat, Class Certification.
- Eighth Circuit Affirms Denial of Qualified Immunity to Missouri Guards in Transgender Prisoner’s Suit Alleging Retaliation and Unreasonable Search, Jan. 15, 2025. Guard Misconduct, Retaliatory Searches, Qualified Immunity, Discrimination (Transgender), Immunity - Absolute and Qualified.
- Two-Week Lockdown at BOP Women’s Prison in Minnesota After Nine Overdoses, Two Deaths, Jan. 15, 2025. Gender Discrimination -- Women, Drug Overdose, Lockdowns, Medical Neglect/Malpractice.
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024. Private Contractors, Failure to Treat, Dismissal.
- Alabama Jail Accused of Granting Detainee’s Medical Bond Just Before Death to Avoid Costly Medical Care, Nov. 15, 2024. Failure to Treat, Costs, Bail Bonds.
- Ninth Circuit: No Qualified Immunity for California Jail Nurse Who Cleared Detainee for Release Just Before His Suicide, Nov. 15, 2024. Failure to Treat, Suicides, Immunity - Absolute and Qualified.
- Maryland and Wexford Health Pay $200,000 to Prisoner Denied Care and Partially Blinded, Nov. 15, 2024. Wexford Health Services, Blind Prisoners, Failure to Treat, Settlements.
- Third Circuit Affirms Qualified Immunity for Pennsylvania Guards Who Pepper-Sprayed Asthmatic Prisoner, Nov. 15, 2024. Guard Misconduct, Medical Experiments/Exploitation, Pepper Spray/Tear Gas, Qualified Immunity, Guards/Staff, Immunity - Absolute and Qualified.
- Public Defender Files Habeas Petitions for Detainees at “Horrific” Baltimore Lockup, Nov. 15, 2024. Failure to Treat, Conditions of Confinement, Hygiene Supplies, Disclosure of Records, Habeas Corpus.