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Prisoner Stated Deliberate Indifference Claim, But Summary Judgment Denial Reversed
Loaded on Jan. 15, 2005
published in Prison Legal News
January, 2005, page 40
Prisoner Stated Deliberate Indifference Claim, but Summary Judgment Denial Reversed
Filed under:
Civil Procedure,
Summary Judgment,
Complaints,
Appeals,
Discovery,
Qualified Immunity.
Location:
Michigan.
In a case with a long, unusual procedural history, the U.S. Sixth Circuit Court of Appeals affirmed a federal district court's denial of prison officials' motion to dismiss for failure to state a claim in a prisoner's civil rights complaint ...
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More from this issue:
- Florida's Private Prison Industry Corporation Under Siege, by David Reutter
- Is There A Winning Argument Against Excessive Rates For Collect Calls From Prisoners?, by John E Dannenberg
- Prison Needle Exchanges Around the World, by Julie Falk
- Latest Honduran Prison Massacre: "Homies Were Burning Alive", by Tom Hayden
- Texas "Gang Expert" Indicted for Sex Assaults
- Ex-Rikers Island Chief Indicted
- From the Editor, by Paul Wright
- Massachusetts Court Enjoins Sheriff from Charging Jail Prisoners Assorted Fees, by Michael Rigby
- Don't Build It Here - The Hype Versus the Reality of Prisons and Local Employment, by Clayton Mosher
- Washington Jail Settles Wrongful Death Suit For $1.6 Million, by Michael Rigby
- California Initiative To Soften "3-Strikes" Law Defeated; DNA Collection From Arrestees Approved
- Washington Prison's Water System and Meat Contaminated With Feces, by Roger Smith
- Qualified Immunity Denied to Supervising Driver's License Examiner in Oklahoma Prisoner's Rape, by David Reutter
- New York Prisoner's Retaliation Suit Remanded for Trial
- HIV Is Occupational Disease for Connecticut Prison Guards
- DNA Profiling of Conditionally Released Federal Offenders Upheld, by John E Dannenberg
- Los Angeles Voters Reject 5,000 More Cops; Invest In Clear Ocean Instead, by John E Dannenberg
- Washington ISRB Departure From Standard Sentencing Range Upheld
- Misidentification Requires Washington Jail Officials Take Reasonable Steps to Confirm Identity
- Texas Supreme Court clarifies Procedures For Civil Court Prisoner Appearances
- Uprisings at CCA Prisons Reveal Weaknesses in Out-of-State Imprisonment Policies
- Colorado DOC Report: CCA At Fault for Crowley Uprising
- City Settles In Death of Prisoner at CCA-Operated Tulsa Jail
- Kansas Supreme Court Upholds Gift Subscription Ban
- Non-Contact Visits for Pennsylvania Sex Offenders Upheld
- Total Confinement: Madness and Reason in the Maximum Security Prison, by David C Fathi
- Gang Validation in Retaliation for Filing Grievances Is Actionable, by Marvin Mentor
- Verdict for Other Defendants Cannot Negate Jury Question of Warden's Liability in Transsexual's Assault, by John E Dannenberg
- Illinois ETS Injury Claim Allowed To Proceed; Out-of-State Legal Materials Ordered Provided, by John E Dannenberg
- Public and Press Have First Amendment Right to Access Court Docket Sheets, by David Reutter
- Prisoner Stated Deliberate Indifference Claim, But Summary Judgment Denial Reversed
- Verdict for Other Defendants Cannot Negate Jury Question of Warden's Liability in Transsexual's Assault
- News in Brief
- Arizona Adopts Favorable Termination Rule in Attorney Malpractice Suits
More from these topics:
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024. Guard Misconduct, Failure to Treat, Jail Specific, Qualified Immunity, Medical Neglect/Malpractice, Immunity - Absolute and Qualified, Deliberate Indifference.
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024. Guard Misconduct, Seizures, Failure to Treat, Drug Overdose, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference.
- Fourth Circuit: South Carolina Prisoner’s Bivens Claim Must Detail Unconstitutional Acts of Each Defendant, April 26, 2024. Complaints, Civil Rights Actions or Offenses/Bivens Actions, Dismissal.
- $9,000 Settlement in Wisconsin Prisoner’s Heat-Related Illness Suit, April 1, 2024. Failure to Treat, Exposure to Heat, Discovery, Deliberate Indifference.
- Eighth Circuit Affirms Qualified Immunity for Missouri Prison Chief in Sexual Abuse Claims Against Former Guard, April 1, 2024. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Immunity - Absolute and Qualified.
- Seventh Circuit Reinstates Wisconsin Prisoner’s ADA Claim for Untreated Knee Injury, March 1, 2024. Failure to Treat, Bedding, Complaints, Americans with Disabilities Act, Sufficiency of Pleadings, Deliberate Indifference.
- Eighth Circuit Issues Primer on Informal Due Process Procedures to Missouri Prisoner, March 1, 2024. Retaliation for Filing Grievances, False Charges (Disciplinary Hearings), Qualified Immunity, Control Units/SHU/Solitary Confinement, Immunity - Absolute and Qualified, Inmate Disciplinary Hearings, Prison Disciplinary Proceedings.
- Fifth Circuit Denies Qualified Immunity to Louisiana Prison Chief for Prolonging Prisoner’s Detention with Sex Offender Misclassification, Feb. 1, 2024. Overdetention, Qualified Immunity, Supervisory Liability, Unlawful Detention, Sex Offender Classification.
- Tenth Circuit: No Qualified Immunity for Oklahoma Jail Guard Who Kneed Handcuffed Prisoner’s Face, Feb. 1, 2024. Jail Misconduct, Guard Brutality/Beatings, Restraints, Qualified Immunity.
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024. Staff-Prisoner Assault, Jail Misconduct, Strip Searches, Qualified Immunity, Immunity - Absolute and Qualified, Searches - Body/Strip, Immunity, Non-Consensual.