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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 Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.
- Louisiana Prisoner Sustains Claim Against Prison Doctor for Allowing Assignment to “Field Duty” Despite Known Ankle Injury, March 1, 2026. Inability to Work, Skeletal Injury, Summary Judgment, Qualified Immunity, Deliberate Indifference.
- Tenth Circuit Affirmed Denial of Guards Qualified Immunity in Disabled Detainee’s Fourteenth Amendment Claim, March 1, 2026. Failure to Treat, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Michigan Claws Back $1.2 Million Paid to Wrongfully Convicted Former Prisoner, Feb. 1, 2026. Police Misconduct, Wrongful Imprisonment, Qualified Immunity, Forensic Sciences, Fabrication of Evidence.
- Ninth Circuit: Notice of Appeal of Order Denying Qualified Immunity Must Be Filed Within 30 Days of Entry, Feb. 1, 2026. Liberty Interests, Evidence, Qualified Immunity, Fourteenth Amendment, rights.
- Sixth Circuit Affirms Denial of Qualified Immunity for Michigan Jailer Accused of Retaliatory Assault, Jan. 1, 2026. Retaliation, Guard Brutality/Beatings, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.