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Eighth Circuit Remands ADA Claims—But Not Constitutional Claims—of Paralyzed Arkansas Jail Detainee
Loaded on March 1, 2024
by David Reutter
published in Prison Legal News
March, 2024, page 22
Filed under:
Failure to Treat,
Jail Specific,
Americans with Disabilities Act,
Deliberate Indifference.
Location:
Arkansas.
by David M. Reutter
On August 15, 2023, the U.S. Court of Appeals for the Eighth Circuit affirmed dismissal of a paraplegic Arkansas jail detainee’s deliberate indifference and conditions of confinement claims, while reviving claims under the American with Disabilities Act (ADA), 42 U.S.C. ch. 126 § 12101 et. seq.
The ...
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More from this issue:
- Overcrowded and Understaffed, Oklahoma County Jail Remains “Deplorable”, by David Reutter
- From the Editor, by Paul Wright
- Lawsuit Claims Seattle’s King County Jail Shows Little Improvement in Quarter Century Since “Hammer Agreement”
- No Jail Time for Former Arizona Prisons Director After Armed Standoff With Cops
- Pennsylvania County Found Skimming Prisoner-Designated Funds from ViaPath Kickbacks
- Colorado Sheriff Resigns After Deputies Fatally Shoot Motorist
- With Guard Arrests at Georgia Jail, Sheriff Asks, “What Are We Doing Wrong?”
- U.S. Sentencing Commission Greenlights Retroactive Sentence Reductions
- Redemption Songs: The Forgotten History of American Prison Music, by Maurice Chammah
- Nearly $11 Million Settlement Reached in Suit by BOP Prisoners Held Without Heat, Electricity During New York Winter Storm, by Douglas Ankney
- Massachusetts Becomes the Fifth State to Make Prison Phone Calls Free
- Federal Prisoner in Virginia Convicted on Fresh Kiddie Porn Charges After Drawing His Own
- California Slowed, But Not Barred from “Dumping” Sick, Indigent Parolees on Public Hospitals
- Rikers Island Detainees Given Pricey Weight-Loss Surgery but Little Follow-Up Care
- Illinois Eases Restrictions on Prisoners Released Under Supervision
- Moms Released from Massachusetts Prison Decry Dearth of Help
- Eighth Circuit Issues Primer on Informal Due Process Procedures to Missouri Prisoner, by David Reutter
- DOJ Finds ADA Violations in Arizona Prisons, Demands Improvements
- Unsealed Settlement Reveals PrimeCare Medical Paid $337,500 After Pennsylvania Prisoner’s Suicide, by David Reutter
- Sick Georgia Prisoners Forced to Choose Between Treatment and Early Release
- Eighth Circuit Remands ADA Claims—But Not Constitutional Claims—of Paralyzed Arkansas Jail Detainee, by David Reutter
- “Unethical At Best”: Hawaii Budget Director Charged With Financing New Prison is Former CoreCivic Lobbyist
- “More jobs than people”: Prisoners Training to Work on Ohio Infrastructure Projects after Release
- Alabama Conducts First Nitrogen Hypoxia Execution
- Escape from Oregon State Hospital Results in Changes to Detainee Transports
- HRDC Wins $14 Million Settlement for Exonerated Florida Prisoner
- Four Dead in One Month in San Bernardino County Jails, $3,232,500 in Settlements Paid So Far, by Casey Bastian, Douglas Ankney
- Seventh Circuit Revives Prisoner’s Challenge to Seized $10,000, by David Reutter
- Alabama Prisons Facing Third Class-Action Lawsuit
- Muslim Florida Prisoner Awarded Permanent Injunction to Grow Untrimmed Beard, by David Reutter
- North Carolina Prison Official Pleads Guilty to COVID-19 Program Fraud
- South Carolina Sheriff Ordered to Pay $37,500 in Fees and Costs in Jail FOIA Case, by Matthew Clarke
- Guard and Four Summit Food Service Employees Arrested for Smuggling at Troubled Atlanta Jail
- New York Prisoners with Chronic Pain Win Injunction to Receive Denied Medication, by Matthew Clarke
- Ninth Circuit Shuts Down Settlement Agreement in Long-Running California Prisoners’ Gang Affiliation Suit, by David Reutter
- $470,000 Settlement After Texas Jail Nurses Fabricate Vital Signs for Detainee Who Died, by Douglas Ankney
- New Jersey Supreme Court Revives Parolee’s Challenge to Administratively Imposed Treatment Program, by Matthew Clarke
- BOP Pays $40,000 to Prisoner Sexually Assaulted at Florida Lockup by Guard, Who Must Pay Her $1 Million, by David Reutter
- Serial Killer Murdered by Cellmate at Texas Lockup
- California Felony-Murder Reform Shaves 11,000 Years Off 600 Prisoner Sentences, by Douglas Ankney
- Seventh Circuit Says Lack of Expert Testimony Dooms Illinois Prisoner’s Medical Neglect Claim, by Douglas Ankney
- Texas Fights Fetal Rights After Forcing Prison Guard to Stay At Work Until She Delivered Stillborn Baby
- Suit Filed After Mentally Ill Detainee Starves to Death in Miami Jail, by David Reutter
- Senators Grill BOP Chief—Then Say They’ll Toss Her More Money
- Nevada Prisoner Strikes Out in Access-to-Courts Claim, by David Reutter
- New Jersey Private Prison Ban Voided
- Eighth Circuit Affirms $800,000 Award After Arkansas Jail Detainee’s Fatal Appendix Rupture, by Matthew Clarke
- New Minnesota Justice Center Aims to be More ‘Humane’
- Wellpath Held in Contempt in Suit at California Jail
- Minnesota Prison on Lockdown After Protest Over Dirty Water, Lack of Phone Use and Out-of-Cell Time
- Seventh Circuit Reinstates Wisconsin Prisoner’s ADA Claim for Untreated Knee Injury, by Matthew Clarke
- California Prison Fined $1.7 Million for Stormwater Discharges, Environmental Violations
- Eleventh Circuit Revives Claim Against Florida Jail That Forced Detainee to Scan Legal Mail Into Computer with Memory Chip, by David Reutter
- Illinois Failing to Grant Dying Prisoners Medical Releases
- Louisiana Fugitive Recaptured After 32 Years
- Florida Pastor Accused of Running Shoplifting Ring With DUI Diversion Program Participants
- MTC Returns $5.125 Million to Mississippi for “Ghost Workers” at Private Prisons
- $900,000 Settlement Reached With Ohio Jail in Detainee’s Fatal Seizure, by David Reutter
- Tribal Courts Expand ‘Healing to Wellness’ Rehabilitation Programs
- Four TDCJ Guards Resign, Seven Suspended for Beating Handcuffed Prisoner Into Coma
- Oklahoma Parole Board Resignations Threaten Prisoner Clemencies
- Michigan Reaches $1.03 Million Settlement with Exonerated Prisoner
- News in Brief
- After Eight Deaths in Eight Years, Virginia Jail Introduces—Pickleball?
More from David Reutter:
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law, May 15, 2024
- Criminal Justice Reform Becoming a Corporate Priority, May 15, 2024
- 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
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024
- Suit Proceeds Against CoreCivic by Guard Strip-Searched at Georgia Prison, April 26, 2024
- $1.4 Million Verdict for Florida Jail Guard Injured in Transport Van Crash, April 26, 2024
- Florida Supreme Court Bans ‘Vexatious’ Prisoner From Filing Further Pro Se Petitions, April 26, 2024
- $155 Million Settlement for 10,000 California Prison Guard Supervisors in Wage Lawsuit, April 26, 2024
- Unable to Post Bail, Detainee Starves to Death in Arkansas Jail, April 26, 2024
- Eleventh Circuit: “More than Gross Negligence” Required to Prove Deliberate Indifference, April 26, 2024
More from these topics:
- Shocking Video Footage Reveals Rampant Violence and Neglect in Los Angeles County Jails, April 26, 2024. Staff-Prisoner Assault, Prisoner-Prisoner Assault, Failure to Protect (General), Jail Specific.
- $175,000 Awarded to Former California Detainee Whose Suit Prompted DOJ Investigation and Settlement Requiring Structural Changes at Jail, April 26, 2024. Disabled Prisoners, Failure to Treat, Jail Specific, DOJ CRIPA Actions, Americans with Disabilities Act.
- 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.
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024. Guard Misconduct, Seizures, Failure to Treat, Drug Overdose, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference.
- BOP Guard, Nurse in Virginia Indicted in Prisoner’s Death, April 26, 2024. Guard Misconduct, Medical Misconduct, Failure to Treat, Deliberate Indifference.
- Unable to Post Bail, Detainee Starves to Death in Arkansas Jail, April 26, 2024. Private Contractors, Food, Water, Jail Specific, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness), Bail/Pretrial Release.
- Eleventh Circuit: “More than Gross Negligence” Required to Prove Deliberate Indifference, April 26, 2024. Medication, Seizures, Failure to Treat, Deliberate Indifference.
- Grand Jury Slams Sacramento County for Delaying Jail Improvements Mandated in Consent Decree, April 1, 2024. Systemic Medical Neglect, Overcrowding, Sanitation, Jail Specific, Consent Decrees, Suicides, Grand Jury, Contempt.
- Nine Employees Arrested at Troubled South Carolina Jail, April 1, 2024. Guard Misconduct, Jail Specific, DOJ CRIPA Actions.
- Third Circuit Revives Disabled New Jersey Prisoner’s Claim for Deprivation of Walking Cane, April 1, 2024. Disabled Prisoners, Americans with Disabilities Act, Rehabilitation Act, Eleventh Amendment Immunity, Deliberate Indifference.