Court Rules Against Alabama Warden Who Ordered Incarcerated Person to be Taken Off Life Support
Date:  03-23-2019

Warden is not entitled to qualified immunity
From Prison Legal News:

The Eleventh Circuit Court of Appeals held on October 2, 2018 that an Alabama prison warden was not entitled to qualified immunity because his actions of requesting a do-not-resuscitate (DNR) order and decision to remove a prisoner from life support did not fall within the scope of his discretionary authority.

St. Clair Correctional Facility prisoner Marquette F. Cummings, Jr. was stabbed in the eye with a shank on January 6, 2014. He was life-flighted to the University of Alabama at Birmingham Hospital, where he was found to be in “critical condition.”

Warden Carter Davenport included an instruction with Cummings’ paperwork that “‘no heroic measures’ would be taken to save his life.” That resulted in hospital staff entering a DNR order.

Sometime later, Davenport ordered that Cummings be removed from life support, which resulted in his death at the hospital on January 7, 2014. Continue reading >>>