AELE Seminars:
Public Safety Discipline and Internal Investigations
Oct. 2-5, 2017– Orleans Hotel, Las Vegas
Jail and Prisoner Legal Issues
Jan. 22-25, 2018 - Orleans Hotel, Las Vegas
The Biometric, Psychological and Legal Aspects of Lethal and
Less Lethal Force and the Management, Oversight, Monitoring,
Investigation and Adjudication of the Use of Force
Apr. 30-May 3, 2018– Orleans Hotel, Las Vegas
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A civil liability law publication for officers, jails, detention
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ISSN 0739-0998 - Cite this issue as: 2017 JB October
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Digest
Topics
Incarceration
Cost Recovery
Medical Care
Prison and Jail Conditions: General
Prisoner Death/Injury
Prisoner Restraint
Prisoner Transfer
Privacy
Retaliation
Sex Offenders
Strip Search: Prisoners
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AELE Seminars:
Public Safety Discipline and Internal Investigations
Oct. 2-5, 2017– Orleans Hotel, Las Vegas
Jail and Prisoner Legal Issues
Jan. 22-25, 2018 - Orleans Hotel, Las Vegas
The Biometric, Psychological and Legal Aspects of Lethal and
Less Lethal Force and the Management, Oversight, Monitoring,
Investigation and Adjudication of the Use of Force
Apr. 30-May 3, 2018– Orleans Hotel, Las Vegas
Click here for further information about all AELE Seminars.
Some of the case digests do not have a link to the full opinion.
Incarceration Cost Recovery
A federal statute, 42 U.S.C. Sec 1396d(29)(A), bars the payment of federal Medicaid funds for the medical care of “any individual who is an inmate of a public institution (except as a patient in a medical institution),” A person is not, however, an “inmate of a public institution” if he resides in the public institution “for a temporary period pending other arrangements appropriate to his needs.” The state of Ohio sought to classify pretrial detainees under age 19 as non-inmates, living in a public institution for only “a temporary period pending other arrangements appropriate to [their] needs,” for whom the state could claim Medicaid reimbursement. Federal Medicaid officials rejected this, finding that the inmate exclusion recognized “no difference” between adults and juveniles, or convicted detainees and those awaiting trial. A federal appeals court agreed, ruling that the involuntary nature of the stay is the determining factor. The exception does not apply when the individual is involuntarily residing in a public institution awaiting adjudication of a criminal charge, whether adult or juvenile. Ohio Department of Medicaid v. Price, #16-3550, 410 F.3d 919 (6th Cir. 2017).
Medical Care
A prisoner could not show a jury that correctional officials and private medical service providers at a prison acted with deliberate indifference to his serious medical needs when his reports of abdominal pain and colon spasms were thoroughly investigated. Medical providers were able to substantiate only a diagnosis of irritable bowel syndrome, and the prisoner failed to produce any evidence that his subsequent treatment for this condition deviated from accepted medical practices and standards. Physical exams and ordered X‐rays, an ultrasound, bloodwork, stool cultures, and other tests were performed, but the results were consistently normal. The decision whether further diagnostic testing, such as a colonoscopy, was necessary was “a classic example” of a matter for medical judgment. Proctor v. Sood, #16-1942, 863 F.3d 563 (7th Cir. 2017).
Prison and Jail Conditions: General
An Illinois prisoner claimed that nearly two dozen prison employees both deliberately ignored his medical needs and retaliated against him because he filed grievances and lawsuits. He claimed that he received inadequate supplies of toothpaste, laundry detergent, and mailing supplies at three different prisons over a period of six years. Screening the complaint, the trial court narrowed the number of defendants and then granted summary judgment for the defendants who remained. “This lawsuit is not the first one,” the appeals court commented in upholding the result, in which the prisoner “has tossed into a single complaint a mishmash of unrelated allegations against unrelated defendants.” He had engaged in “nearly constant” litigation during 2009 and 2010. Owens v. Godinez, #15-3892, 860 F.3d 434 (7th Cir. 2017). |
Prisoner Death/Injury
An obese man incarcerated for a drunk driving conviction was intoxicated when he reported to a county jail for a weekend stay. He fell off an upper bunk, and was placed in a holding cell. When they thought he was sober, they again assigned him to an upper bunk. While asleep, he suffered convulsions, fell off the upper bunk onto the concrete floor, and died. His estate sued, arguing that jail conditions violated the Eighth Amendment and caused his death. The trial court found insufficient evidence to show that the defendants were aware of, but disregarded, a risk to the decedent’s health and safety. A federal appeals court upheld summary judgment for the defendants, who had tailored their care for the decedent to account for his intoxication, even asking him if he was experiencing any withdrawal symptoms, to which he replied no. The deputies believed he was sober when they moved him. Had they known about his alcoholism and the risk posed by withdrawal, they might have taken additional steps to protect him. Without any indication that they knew of a serious risk, they could not be held liable for either the conditions of confinement or the medical treatment they provided. Estate of Simpson v. Gorbett, #16-2899, 863 F.3d 563 (7th Cir. 2017).
Prisoner Restraint
A prisoner who spent three and a half hours on a restraint board sued correctional officers and medical staff members for alleged violations of his civil rights. The trial court dismissed all claims except an Eighth Amendment excessive force claim against a lieutenant who authorized the use of the restraint board. A federal appeals court held that it was erroneous to deny qualified immunity to the defendant lieutenant. Under the totality of the circumstances, he was entitled to qualified immunity even if he may have been mistaken in believing that the prisoner was trying to injure himself when placed on the board. The prisoner had violated rules for obtaining medical assistance, falsely claimed a medical emergency, and seriously disrupted medical operations. Discipline was warranted after nurses reported that he had contrived a medical emergency and could safely be placed on the restraint board. Using the restraint in accordance with the safety precautions required by prison policy was needed to preserve internal order and discipline and to maintain institutional security. Jackson v. Gutzmer, #16-2184, 866 F.3d 969 (8th Cir. 2017).
Privacy
Retaliation
Sex Offenders
A man sued the state of Nebraska and other defendants after his name and photo mistakenly appeared on the Nebraska State Patrol’s online sex offender registry. A federal appeals court ruled that even if the complaint was sufficient to state a negligence claim under the state Tort Claims Act, the claim was time barred under a two-year statute of limitations. A claim for unlawful takings failed, as he did not show that any property was taken or damaged for public use. Federal civil rights claims against state employees in their individual capacities were properly rejected because a mistake or lack of due care by state employees in these particular circumstances did not establish invidious or irrational treatment that could violate the Equal Protection Clause of the Fourteenth Amendment. Roe v. Nebraska, #15-3680, 861 F.3d 785 (8th Cir.).
Strip Search: Prisoners
****Editor's Case Alert****
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Statistics: American Indian and Alaska Natives in Local Jails, 1999-2014, by Todd D. Minton, Susan Brumbaugh, and Harley Rohloff, Bureau of Justice Statistics (September 7, 2017, NCJ 250652).
Statistics: HIV in Prisons, 2015 - Statistical Tables, by Laura M. Maruschak and Jennifer Bronson, Ph.D., Bureau of Justice Statistics (August 24, 2017, NCJ 250641).
Reference:
• Abbreviations of Law Reports, laws and agencies used in our publications.
• AELE's list of recently-noted jail and prisoner law resources.
AELE Seminars
Public Safety Discipline and Internal Investigations
Oct. 2-5, 2017– Orleans Hotel, Las Vegas
Jail and Prisoner Legal Issues
Jan. 22-25, 2018 - Orleans Hotel, Las Vegas
The Biometric, Psychological and Legal Aspects of Lethal and
Less Lethal Force and the Management, Oversight, Monitoring,
Investigation and Adjudication of the Use of Force
Apr. 30-May 3, 2018– Orleans Hotel, Las Vegas
Click here for further information about all AELE Seminars.
Defenses: Statute of Limitations – See also, Sex Offenders
First Amendment – See also, Retaliation
Freedom of Information – See also, Privacy
Medical Care – See also, Incarceration Cost Recovery
Medical Care – See also, Prison and Jail Conditions: General
Medical Care: Mental Health – See also, Prisoner Transfer
Private Prisons and Entities – See also, Medical Care
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