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Alabama Prisoner’s Deliberate Indifference Claim Dies for Lack of Proper Affidavits
by David M. Reutter
On November 11, 2022, the U.S. Court of Appeals for the Eleventh Circuit affirmed dismissal of an Alabama prisoner’s civil rights action that alleged overlong delays in treatment for hernias and post-surgery complications. The case provides a lesson in the proper preparation of affidavits to support ...
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More from this issue:
- With “Fox in Charge of the Henhouse,” Almost All Misconduct Accusations Against BOP Staff Result in No Discipline, by Benjamin Tschirhart
- Tenth Circuit Affirms Denial of Qualified Immunity to Utah Jailers After Detainee’s Withdrawal Death, by David Reutter
- From the Editor, by Paul Wright
- Riot and Escape at Nevada Prison Lead to Charges Against Four Guards, Firings or Resignations of Top Officials, by David Reutter
- In an Ominous Pattern, People Are Dying Once Transferred to Louisiana Prison, by Victoria Law
- Alabama County Ends Controversial Policy Using Women’s Pregnancies to Jail Them, by Ashleigh Dye
- California Governor Vetoes State’s Humane Solitary Confinement Bill, by Kevin Bliss
- Former California Prison Warden and Guard Accused of Sexual Misconduct with Two Dozen Prisoners and Coworkers, by Jo Ellen Nott
- Fifth Circuit: Texas Prison Property Rules Withstand Scrutiny Under Religious Free-Exercise Clause, by David Reutter
- Seventh Circuit Revives Indiana Prisoner’s Claim He Was Wrongfully Fired From Prison Commissary for Attending Religious Service, by David Reutter
- “Acres of Skin” – Redux, by Gregory J. Dober
- Illinois Supreme Court Orders State DOC to Fund Required Treatment and Housing for Sex Offender’s Conditional Release, by David Reutter
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit Over Flesh-Eating Infection, by David Reutter
- SCOTUS Helps Revive Malicious Prosecution Claim Against Chicago Police Officers, by David Reutter, Kevin Bliss
- $1.455 Million Settlement for Discrimination Against Black Minnesota Jail Guards Barred from Watching Floyd Killer, by David Reutter
- Eighth Circuit Affirms Conviction and Sentencing of Former Arkansas Sheriff for Assaulting Detainees, by Harold Hempstead
- Pennsylvania County Commissioner Barred from DA’s Email After Own Prison Record Is Purged and Jail Key Copied, by Kevin Bliss
- Pennsylvania Guards and Their Attorneys Spanked for Discovery Abuse in Prisoner’s Excessive-Force Suit, by David Reutter
- Fifth Circuit Greenlights Suit by Louisiana Prisoners Held in Local Jails Beyond Release Date, by Matthew Clarke
- Seventh Circuit Says Fourth Amendment Does Not Require Bail Hearing Within 48 Hours of Arrest, by Benjamin Tschirhart
- Fifth Circuit: No Liability for Texas County that Improperly Relied on Polygraph to Imprison Released Sex Offender Additional 13 Years, by Benjamin Tschirhart
- More Drugs Seized by Florida DOC During COVID-19 Lockdowns Than Before, by David Reutter
- Federal Court Holds Illinois DOC in Contempt for Failing to Remediate Substandard Healthcare, by Douglas Ankney
- Second Circuit Reinstates N.Y. Prisoner’s Excessive Force Claim, Finding Grievance Procedure ‘Unavailable’ in Mental Health Unit, by David Reutter
- $175,000 Paid by California County to Escaped Prisoner Mauled By K-9 During Recapture, by Keith Sanders
- After 13 Jail Deaths in Eight Months of 2022, California Sheriff Finally Reveals How They Happened, by Benjamin Tschirhart
- $87,000 Paid to Virginia Prisoner Kicked in Testicles by Guard, by Benjamin Tschirhart
- Tenth Circuit Revives Kansas Prisoner’s Claim That He Was Denied Access to Court, by Anthony Accurso
- Alabama Supreme Court Says Prisoner Who Didn’t Return From Work Release Punishable Under Felony Escape Statute, by David Reutter
- Third Former Guard at Troubled Federal Prison in Brooklyn Sentenced After Retrial and Conviction for Raping Prisoner, by Chuck Sharman
- Ex-Felon “Dirtbags” Accused of Ordering Hit on Detainee at Florida Jail, But Questions Linger, by Jo Ellen Nott
- Hospitalized California IST Defendants Entitled to Jail Conduct Credits, by Mark Wilson
- Seventh Circuit Sides With Muslim Prisoner, Bars Strip Search by Transgender Wisconsin Guard, by David Reutter
- Florida DA Reopens Cold Murder Case, Exonerates Wrongly Imprisoned Man, Finds Real Killers – and Gets Axed by Governor, by David Reutter
- Judge Dismisses Suit Filed by California Town to Keep State Prison Open, by Keith Sanders
- 18 Stabbings in Less Than Nine Months at Oklahoma CoreCivic Prison, by Keith Sanders
- $14,000 Paid by California to Mentally Ill Prisoner Who Alleged Repeated Maulings by Guards, by Douglas Ankney
- Hypothermia Kills Prisoner in Cold Pennsylvania Jail Cell, One of 17 Deaths Since 2019, by Jo Ellen Nott
- North Dakota Guard Fired After Suicide of Convicted Quadruple Murderer, by Justin McFatridge
- Smuggling Ring Busted in Georgia Jail, 11 Arrested Including Four Guards and Former Nurse, by Jo Ellen Nott
- After Botched Lethal Injection, Alabama Will Execute Prisoner by Nitrogen Hypoxia, by David Reutter
- Massachusetts High Court: Lawmakers Haven’t Stopped Sheriffs From Taking Kickbacks from Jail Phone Calls, and Neither Will We, by Benjamin Tschirhart
- Elderly Prisoners Catch a Break on Medicare Part B, by Eike Blohm, MD
- Another Prisoner Dies in Another Fire at Indiana Prison, by Jo Ellen Nott
- Second Hunger Strike Met With Pepper Spray at Washington GEO Group Lockup Where ICE Detainees Allege Widespread Sexual Abuse, by Keith Sanders
- $350,000 Settlement Reached in Florida Prisoner’s Murder, by David Reutter
- Alabama Prisoner’s Deliberate Indifference Claim Dies for Lack of Proper Affidavits, by David Reutter
- Colorado’s Halfway Houses Returning Half of Residents to Prison, by Keith Sanders
- Transgender Idaho Prisoner Who Won Gender Conforming Surgery Awarded Over $2.6 Million in Legal Fees, by Eike Blohm, MD
- Parents Losing Children Because They Can’t Repay Foster Care Costs Incurred During Incarceration, by Jo Ellen Nott
- CoreCivic Still Accruing Fines for Short-Staffing Florida Jail Where Developmentally Disabled Teen Was Raped, by Ashleigh Dye
- Second Circuit Affirms Qualified Immunity for Connecticut Cops who Sicced K-9 on Suspect in His Holding Cell, by Casey Bastian
- $857,500 Paid by California County for Jail Detainee’s Death, While Cellmate Who Beat Him Is Now in State Prison, by David Reutter
- Over $298,000 Awarded to Alabama Jail Detainee with Heart Disease After Guards, Nurses Ignored Firing Defibrillator, by David Reutter
- Nebraska Assistant Warden Avoids Prosecution for Sexually Abusing Prisoner, Pleads Guilty to Lesser Charge and Gets a Year in Jail, by Benjamin Tschirhart
- After Eleventh Circuit Says ICE Detainee Is Not “Prisoner” Subject to PLRA, He Goes Missing from Georgia, by David Reutter
- Former PLN Editor Settles Suit Over Detention in Tennessee ‘Iron Man’ Cell, Gets 40-Year Prison Term for Vandalizing Nashville Jail, by Benjamin Tschirhart
- GTL Ordered to Pay $18.675 Million in Attorney Fees and Costs in Prison Phone Class Action, by Anthony Accurso
- 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:
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025. Informants, Clothing, Sanitation, Summary Judgment, Deliberate Indifference.
- New York Governor Orders Firing of 13 Guards, Nurse in Prisoner’s Fatal Beating, Feb. 15, 2025. Guard Misconduct, Medical Misconduct, Excessive Force (Wrongful Death), Deliberate Indifference.
- No Charges in Alabama Prisoner’s Torture, Rape and Murder, Jan. 15, 2025. Prisoner-Prisoner Assault, Guard Misconduct, Prison/Jail Murders, Deliberate Indifference.
- $400,000 Jury Verdict for Medical Neglect Resulting in Amputation of Alabama Prisoner’s Toes, Jan. 15, 2025. Wexford Health Services, Systemic Medical Neglect, Amputations, Settlements, Deliberate Indifference.
- Tenth Circuit Affirms PTS Driver’s Conviction for Torturous Detainee Transport, Jan. 15, 2025. Transport Companies, Retaliatory Transfers, Transportation, Deliberate Indifference.
- $1.5 Million Settlement Reached for Oregon Prisoner’s Untreated Traumatic Brain Injury, Jan. 15, 2025. Brain Injury, Settlements, Deliberate Indifference.
- Mom of Murdered California Prisoner Defeats Motion to Dismiss Lawsuit by Guard Who Posted Pics of Corpse Online, Sept. 15, 2024. Failure to Protect (Wrongful Death), Motion To Dismiss, Social Media, Deliberate Indifference.
- Woman Left Handcuffed in Parked Cop Car Struck by Train Settles Suit for $8.5 Million, Sept. 1, 2024. Police Misconduct, Restraints, Settlements, Physical Injury/Restraint, Deliberate Indifference.
- Fourth Circuit Revives Claim Over North Carolina Jail Suicide, Aug. 15, 2024. State Law Claims, Suicides, Deliberate Indifference.
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024. Guard Misconduct, Failure to Treat, Jail Specific, Qualified Immunity, Medical Neglect/Malpractice, Immunity - Absolute and Qualified, Deliberate Indifference.