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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:
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, Deliberate Indifference.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.
- Oregon Reaches $49 Million Settlement with State Prisoners in COVID-19 Class-Action, Aug. 1, 2026. COVID-19, Eighth Amendment, Settlements, Class Certification, Qualified Immunity.
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.
- $1 Million Settlement Reached in Jail Suicide of Maryland Detainee Whose Emergency Hospitalization Order Was Ignored, June 1, 2026. Qualified Immunity, Failure to Protect (Wrongful Death), Suicides, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Sixth Circuit Rules Prisoner Held After Parole Board Ordered Release on Parole Could Not State a Rights Violation Claim, June 1, 2026. Parole, Overdetention, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.
- 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.