10th Circ. Vacates Immunity Ruling In Inmate's Stillbirth Suit

Law360 (March 2, 2021, 10:07 PM EST) -- The Tenth Circuit on Tuesday reversed a New Mexico federal judge's decision that a doctor and two nurses at a correctional facility can use qualified immunity as a defense from liability in the stillborn birth of an inmate's baby.

The employees of Correct Care Solutions LLC, a for-profit corporation that contracts with correctional facilities to provide medical care, can be held responsible for the baby's death after the mother claims her pleas for medical help were ignored, the three-judge panel said in a published opinion.

"We conclude that neither late 19th-century common law nor present-day policy considerations counsel in favor of extending qualified...

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