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Government Entitled to Only One Qualified Immunity Appeal
Loaded on Dec. 15, 1992
published in Prison Legal News
December, 1992, page 5
Government Entitled To Only One Qualified Immunity Appeal In Mitchell v. Forsyth , 472 US 511, 105 S. Ct. 2806 (1982), the US Supreme Court clarified its prior rulings on qualified immunity. Government officials performing discretionary functions (such as prison officials, law enforcement personnel and most government officials) are entitled …
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More from this issue:
- Physical Evidence Need Not be Preserved For Hearing
- Officials Seek to End Politicization of Crime Debate
- Beaten Jail Prisoner Entitled to Counsel
- Incarcerated Juveniles Have Right to Court Access
- Jail Inmates Entitled to Safe Cells
- Medical Treatment Cannot Be Delayed to Coerce Confession
- Unlawful to Knock Down Handicapped Prisoner
- Prison Drug Test Survey
- Prisoner Has No Right to Independent Drug Test
- BOP Prisoners Don't Need to Exhaust Administrative Remedies
- Due Process Requires Hearing Before Punishment
- Hearing Officer Must Base Guilt Finding on Evidence
- Resources for Incarcerated Parents
- Government Entitled to Only One Qualified Immunity Appeal
- Texas Death Row Prisoners on Hunger Strike
- Magistrates Cannot Dismiss Civil Rights Suits
- Prisoner Entitled to Appointment of Substitute Counsel
- Animal Rights Movement Criminalized
- Attention Artists
- California HIV+ Prisoners on Medical Strike
- U.S. Slammed on Death Penalty
- Death Penalty Foes Boo Pennsylvania Governor, by Paul Wright
- From The Editor, by Paul Wright
- Crime and Punishment in America, by Paul Wright
- From the Hole to the Street, by Laurie Bembenek
- Prison Press Reviews, by Paul Wright
- Prison Slave Labor in the U.S., by Joe Mowish
- Article Clarification
More from these topics:
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026. Failure to Treat, Infections, Qualified Immunity, Fourteenth Amendment, rights, Deliberate Indifference.
- Sixth Circuit: Qualified Immunity Granted to Guard in Delayed Treatment for Prisoner who Suffered Heart Attack, Oct. 1, 2026. Pain, Cardiovascular, Failure to Treat, Qualified Immunity, Deliberate Indifference.
- Ninth Circuit Rules Favorably for Washington Prisoner Whose Writing Submission Was Censored, Oct. 1, 2026. Retaliation, Qualified Immunity, Mail Regulations, Censorship, First Amendment, rights.
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026. Qualified Immunity, Sovereign Immunity, Failure to Protect (Wrongful Death), Suicides, Deliberate Indifference.
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026. Staff-Prisoner Assault, Qualified Immunity, Fourteenth Amendment, rights, Pretrial Detention and Detainees, Wrongful Use of Force.
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Failure to Train/Supervise, Monell Liability.
- Second Circuit Rules Eighth Amendment Governs Claims of Excessive Force Brought by Parole Violator, Oct. 1, 2026. Eighth Amendment, Excessive Force, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Probation, Parole & Supervised Release.
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026. Strip Searches, Qualified Immunity, Fourth Amendment, rights, Suspicionless Searches.
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.