News & Analysis as of

Inmates

Maison Law

Does California Government Code § 844.6 Prevent Inmates from Filing Claims?

Maison Law on

The immunity of government bodies and officials from lawsuits and claims has been a long-standing part of the law. Under the principle, federal, state, and local governments generally cannot be held liable for negligent or...more

Marshall Dennehey

Third Circuit Holds There Is No Right to Intervention in a Medical Context

Marshall Dennehey on

Key Points: There is a constitutional right to medical care for those individuals in custody. Although there is a right to have a government actor intervene when the underlying constitutional violation involves excessive...more

Robins Kaplan LLP

The Robins Kaplan Justice Report - Vol. 18, No. 1

Robins Kaplan LLP on

Robins Kaplan Secures Historic $12.2 Million Settlement in a Section 1983 Jail Deliberate Indifference Case - Scott County Jail officials failed to report detained man’s injuries and allowed video evidence to be deleted. ...more

Rodemer Kane Attorneys at Law

Federal Prison vs State Prison: Is There a Better Choice?

The prison system in the United States is run by both public institutions and private entities, which are controlled by and operated at the federal or state level. Understanding these distinctions is essential, especially...more

Marshall Dennehey

State Officials’ ADA Liability Under the 11th Amendment

Marshall Dennehey on

In the recent case, Durham v. Kelley, 82 F.4th 217 (3d Cir. 2023), an inmate at the New Jersey State Prison who had been diagnosed with lumbar stenosis brought a pro se action, alleging violations of the Americans with...more

Manatt, Phelps & Phillips, LLP

[Webinar] Medicaid Coverage Opportunities for Justice-Involved Populations: CMS Guidance and States’ Approaches - July 13th, 3:00...

Individuals leaving incarceration have disproportionately higher rates of physical and behavioral health diagnoses and are at higher risk for injury and death compared with people who have not been incarcerated. Race...more

Manatt, Phelps & Phillips, LLP

[Webinar] Access to Care for Justice-Involved Pregnant People With a Substance Use Disorder - May 1st, 2:00 pm - 3:00 pm ET

In a new webinar, Manatt Health, the American Medical Association (AMA) and a panel of stakeholders will share key lessons for states seeking to innovate and expand access to evidence-based care for pregnant people with a...more

Manatt, Phelps & Phillips, LLP

CMS Approves First-in-Nation Justice-Involved Reentry Section 1115 Demonstration

The Big Picture - On January 26, 2023, the Centers for Medicare & Medicaid Services (CMS) approved California’s request to amend the California Advancing and Innovating Medi-Cal (CalAIM) Section 1115 demonstration. A...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Opinion: Increase In Jail Death-Rate Reveals Underlying Systemic Flaws

The United States familiarly calls itself the “land of the free,” and holds itself out as a bastion of due process and civil rights. Yet, America’s jails are guilty of the worst forms of human rights abuses imaginable. A New...more

Zuckerman Spaeder LLP

Jones v. Hendrix: An Attempt to Save 28 U.S.C. § 2255’s “Saving Clause”

Zuckerman Spaeder LLP on

What happens when the Supreme Court changes the interpretation of the law under which a federal inmate was convicted, such that the person would be innocent under that new interpretation?...more

Foley Hoag LLP - Medicaid and the Law

Medicaid and the LawFoley Hoag LLP CMS Approves Two New Medicaid Waivers to Expand Coverage, Provide Flexibilities

On September 28, 2022, the Centers for Medicare & Medicaid Services (CMS) issued approval letters for Section 1115 Medicaid demonstration applications previously submitted by Oregon and Massachusetts. Section 1115 waivers...more

Spilman Thomas & Battle, PLLC

Federal Circuit Court Holds that Gender Dysphoria is a Protected Disability Under the Americans with Disabilities Act

The Fourth Circuit Court of Appeals (covering Virginia, West Virginia, North Carolina, South Carolina, and Maryland) held that gender dysphoria, a condition experienced by some transgender individuals, is a protected...more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 6 - It's Never Too Soon to Think About Early Release

Fox Rothschild LLP on

While opportunities and circumstances to request compassionate release from prison grew in recent years, the COVID-19 pandemic rapidly accelerated the use of this process to ease overcrowding during the public health crisis. ...more

Jenner & Block

Illinois Prison Rife with Vermin, Mold, Sewage, Class-Action Lawsuit Alleges

Jenner & Block on

A class action lawsuit filed in the United States District Court for the Northern District of Illinois reveals the egregious living conditions for approximately 1,000 prisoners at the Northern Reception Center in Crest Hill,...more

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report – Legislative Day 8 2022

Although Wednesday was Mental Health Day at the State Capitol, legislators and lobbyists appeared much more checked out on Thursday. Both chambers convened, and the House debated and passed HB 841 (putting forth a referendum...more

Manatt, Phelps & Phillips, LLP

CFPB Director Chopra’s First Consent Order Confirms Return to Pushing the Envelope

On October 19, 2021, the Consumer Financial Protection Bureau (CFPB or the “Bureau”) entered into its first consent order under new Director Rohit Chopra, finding that a service provider to state correctional departments...more

Sands Anderson PC

Fourth Circuit Finds That West Virginia Expert Certification Requirement Does Not Apply to Inmate’s Medical Malpractice Claim

Sands Anderson PC on

The defenses available to healthcare providers in federal court are more limited after a recent Fourth Circuit ruling. In Pledger v. Lynch, the plaintiff appealed the dismissal of his medical malpractice claim against the...more

Bennett Jones LLP

Court of Appeal Characterizes "Opt Out" of Class Proceedings as a Substantive Right

Bennett Jones LLP on

Class action proceedings are routinely characterized as "procedural" in nature. However, that framing obscures the fact that class actions—and interim proceedings within class actions—have very real consequences for class...more

Carlton Fields

Inherently Transitory Exception to Save Transgender Inmate Putative Class?

Carlton Fields on

Mootness, as one of the big three justiciability requirements, is a jurisdictional requirement on which judges do not normally postpone adjudication. But in a recent putative class action of transgender inmates, the D.C....more

Cozen O'Connor

Florida Attorney General And FTC Partner In Settlement Against Company Targeting Prisoners

Cozen O'Connor on

Florida AG Ashley Moody and the Federal Trade Commission (“FTC”) reached a settlement with the operator of magazine subscription service Inmate Magazine Service, Inc. and related entities (collectively “Inmate Magazine...more

BakerHostetler

Seventh Circuit Decertifies Sexual Harassment Class That Relied on Novel Theory

BakerHostetler on

Sexual harassment of prison staff by prison inmates is a difficult issue. Courts have rightly held that harassment by inmates can be actionable when the employer fails to take reasonable steps to combat it, but prisoners are...more

Rumberger | Kirk

11th Circuit Clarifies Standard of Care Required Under Eighth Amendment for Hepatitis-C Inmates in Florida Prisons

Rumberger | Kirk on

Does the Eighth Amendment require Florida prison officials to treat all inmates with chronic Hepatitis-C with direct acting antiviral drugs?  The Eleventh Circuit says no in Hoffer v. Secretary, Florida Department of...more

Cranfill Sumner LLP

U.S. Supreme Court Holds Prison Officials Are Not Entitled to Qualified Immunity After Housing Inmate in Unconstitutional...

Cranfill Sumner LLP on

In a recent opinion, the U.S. Supreme Court vacated a decision by the Fifth Circuit Court of Appeals granting correctional officers qualified immunity on the basis that the doctrine shields an officer from suit when he or she...more

Maynard Nexsen

November 2020 Torts & Insurance Fourth Circuit Cases of Interest

Maynard Nexsen on

Periodically, Nexsen Pruet attorney Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the areas of torts &...more

Dorsey & Whitney LLP

The Supreme Court - November 2, 2020

Dorsey & Whitney LLP on

Mckesson v. Doe, No. 19-1108: The plaintiff-respondent in this case is a police officer who suffered devastating injuries after being struck by a rock-like object during a protest in Baton Rouge, Louisiana. The protest...more

56 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide