E.D.Ark.: Inmate states claim against Sheriff and jail phone provider that privileged attorney calls were turned over to police

Plaintiff Texas inmate was in an Arkansas county jail in 2015-17, and he discovered in 2021 through his current defense lawyer that the county jail phone contractor turned over telephone calls between him and his criminal defense lawyer to the police. He states a claim for relief at this point, and the SOL defense is premature. Hurdsman v. Viapath Techs., Inc., 2022 U.S. Dist. LEXIS 206836 (E.D. Ark. Oct. 25, 2022).

“Mayberry’s complaint likewise does not state a Fourth Amendment claim for unlawful seizure, containing only the conclusory allegation that Mayberry ‘was arrested without reasonable suspicion, without probable cause, [and] without a warrant.’ See Adams v. Johnson, 355 F.3d 1179, 1183 (9th Cir. 2004).” Mayberry v. L.A. Sheriff’s Dep’t, 2022 U.S. App. LEXIS 31498 (9th Cir. Nov. 15, 2022).*

Tasing a 322 lb noncompliant verbally abusive inmate in his cell to break up a cellmate fight was reasonable. Ireland v. Prummell, 2022 U.S. App. LEXIS 31447 (11th Cir. Nov. 14, 2022).*

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