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Fifth Circuit: Martinez Report May Not Override Factual Allegations in Prisoner’s Complaint

Loaded on Jan. 1, 2023 by Matthew Clarke published in Prison Legal News January, 2023, page 54
Filed under: BOP Litigation Reports, False Statements/Perjury. Location: Texas.

by Matt Clarke

On June 2, 2022, the U.S. Court of Appeals for the Fifth Circuit held that facts alleged in a supplemental administrative report which a district court requested from prison officials may not be relied upon if they conflict with factual allegations in a prisoner’s complaint. Such a ...

 

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  1. Cages Without Bars Are Widening the Net: The Explosion of Electronic Monitoring, by Brian Dolinar, James Kilgore
  2. Amended Consent Decree Entered in 11-Year-Old Class-Action Challenging Prisoner Healthcare in Illinois DOC, by Douglas Ankney
  3. From the Editor, by Paul Wright
  4. Hawaii Inmate Deaths Are The Highest In 10 Years. But The State Can’t Say Why Corrections officials still aren’t providing a cause of death for 20 of the 23 prisoners who died in Hawaii prisons and jails last year., by Kevin Dayton
  5. Arizona Prisoners Win Preliminary Injunctions Requiring Centurion To Treat Them, by David Reutter
  6. Minnesota Department of Corrections Searching for Tattooist for New Prison Program, by Jacob Barrett
  7. Florida Arrests Ex-Felons for Voter Fraud, by David Reutter
  8. Music Stops in Fifth Circuit’s Qualified Immunity ‘Dance,’ Leaving Plaintiffs With Shortened Discovery Period, by Matthew Clarke
  9. Plastic Surgery Has a Troubled History Inside Prisons. Some Advocates Want It to Make a Comeback. Should cosmetic procedures be part of how society prepares prisoners to reenter it?, by Zara Stone
  10. Louisville Jail Counts 12 Deaths in Ten Months, by Jo Ellen Nott
  11. Third Circuit Agrees With Pennsylvania Prisoner’s Access-to-Courts Claim, But Grants Defendants Qualified Immunity, by David Reutter
  12. Rhode Island Prisoners Go on Hunger Strike, Staff Denies It, by Benjamin Tschirhart
  13. California City Ends Private Jail Operator’s Contract After Mass Employee Resignations, by Keith Sanders
  14. $3 Million From Forsyth County, No Stay in Civil Case Against Wellpath Nurse Indicted for Involuntary Manslaughter of N.C. Jail Detainee, by Eike Blohm, MD
  15. Eighth Circuit Revives Missouri Prisoner’s Claim Against Prison Food Manager for Denying Renal Diet, by David Reutter
  16. Nevada Muslim Prisoner Wins Suit Over Denial of Jumu’ah Prayer, by Harold Hempstead
  17. Guards Fleeing Texas Prisons, by Matthew Clarke
  18. California Prison Guards Sentenced for Assaulting Prisoners, by Jacob Barrett
  19. ‘Qualified Immunity Cannot Shield Them’: Fourth Circuit Advances Suit by Virginia Prisoners for Overlong Solitary Confinement, by Benjamin Tschirhart
  20. Ohio Supreme Court Grants Records but No Damages for Prisoner Making Request, by Jacob Barrett
  21. Eleventh Circuit Says Passover Sign-Up Requirement in Florida Jail Passes Constitutional Muster, by David Reutter
  22. Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, by Dale Chappell
  23. California Guards Kill Two Prisoners Who Attacked a Third, by Jo Ellen Nott
  24. Second Circuit: No Qualified Immunity for Wardens Accused of Violating Religious Freedom of Muslim Prisoners in Connecticut, by Benjamin Tschirhart
  25. Idaho Cancels Execution Because It Cannot Obtain Lethal Injection Drugs, by Jo Ellen Nott
  26. Prisoner Health Update: MRSA Infections, by Eike Blohm, MD
  27. Arizona Jail Racks Up Four Deaths And Two Escapes In Less Than Two Months, by Chuck Sharman
  28. Fifth Circuit Holds PLRA’s ‘Three-Strikes’ Provision Does Not Apply to Actions Removed From State Court, by Matthew Clarke
  29. BOP Settles for $4.18 Million With Six Prisoners Raped by Guard at Now-Shuttered Manhattan Federal Jail, by Casey Bastian
  30. Incarceration Exacerbates Obesity in America, by Keith Sanders
  31. Ohio Pays $185,000 to State Prisoner Bitten in Genitals by K-9, by Keith Sanders
  32. Former Felons Elected to Rhode Island Legislature, by Jo Ellen Nott
  33. Investor Lawsuit Against GEO Group Trimmed, by David Reutter
  34. Federal Judge in South Carolina Holds BOP Liable for Delayed Treatment That Left Federal Prisoner Partially Blinded, by Casey Bastian
  35. California Prison Officials Cleared After Prisoner Murders Two Sex Offenders, by David Reutter
  36. $450,000 Settlement to Illinois Prisoner Whose Untreated Boil Left Him Paraplegic, by Harold Hempstead
  37. $3.5 Million Paid To Estate Of Iowa Jail Detainee Who Suffered Seizure And Died When Left Unattended, by Keith Sanders
  38. New Connecticut Law Restricts Use of Solitary Confinement, by David Reutter, Keith Sanders
  39. Daughter of Condemned Missouri Prisoner Unsuccessfully Sues to Witness His Execution, by Jo Ellen Nott
  40. Former South Carolina Sheriff Begins 46-Month Prison Term for Corruption, by Ashleigh Dye
  41. ‘Tragic and Wholly Unacceptable’ Gang Violence Erupts at Georgia Women’s Prison, by Jenifer Lockwood
  42. Virginia Swipes Sentence Credits From 560 Prisoners Just About to Get Out, by David Reutter
  43. Georgia Prisoner Sentenced to Death for Killing Two Guards Dies by Apparent Suicide, by Keith Sanders
  44. GEO Group Gets Another Extension to Biden’s Deadline for USMS at California Prison, by Jenifer Lockwood
  45. UCLA Study Finds Over Half of ‘Natural’ Deaths Inside L.A. County Jails Showed Signs of Physical Harm, by Keith Sanders
  46. Ex-Prisoner Re-Elected to New York State Assembly, by Keith Sanders
  47. Fifth Circuit: Martinez Report May Not Override Factual Allegations in Prisoner’s Complaint, by Matthew Clarke
  48. Over $237,000 Awarded in Wisconsin Prisoner’s Suit Accusing Guard of Unwanted Sexual Advances, by Kevin Bliss
  49. Potentially Fatal Legionella Bacteria Found at Six Illinois Prisons, by Casey Bastian
  50. OIG Report Defers Claims That ICE Detainees in Georgia Had Forced Hysterectomies, by Ashleigh Dye
  51. Second Circuit: N.Y. Detainee Didn’t Fail to Exhaust Administrative Remedies When Jail Grievance Procedure Excluded Matter Forming Basis of Claim, by Matthew Clarke
  52. ‘Time for Me to Go’: Troubled Oklahoma Jail Loses Administrator, by Matthew Clarke
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  54. Oklahoma Raises Pay for Execution Doctors From $300 to $15,000 Per Execution, Still Won’t Say Who They Are or What They Do, by Matthew Clarke
  55. Mississippi Reopens Walnut Grove Prison Just in Time for Prison Population Explosion, by Harold Hempstead
  56. HRDC Sues Wyoming Jail for Unlawful Censorship, by Douglas Ankney
  57. $115,000 Settlement for Excessive Pepper-Spraying of Maine Prisoner, by David Reutter
  58. Florida Supreme Court: Trial Courts Have Authority to Correct Sentencing Errors, But Subject to Time Limits, by David Reutter
  59. Massive Price Tags and Meager Results: The Legacy of Federal Monitors in New York City, by Benjamin Tschirhart
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  61. News in Brief

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