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Only One Appeal on Qualified Immunity
Loaded on Jan. 15, 1994
published in Prison Legal News
January, 1994, page 8
Only One Appeal On Qualified Immunity This case involves a taxpayer suing an IRS agent claiming her constitutional rights were violated when the agent garnished her wages and seized her house, even though he knew she owed no taxes. While this is not a prison case, the legal issue presented, …
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More from this issue:
- Ninth Circuit Approves Oregon Control Unit Conditions, by Paul Wright
- Outgoing Mail May Contain Slander
- Bankruptcy Appeal Filed When Mailed
- Discipline For Rude Letter Struck Down
- WI Prisoners Not Entitled to Minimum Wage
- Law of Medical Treatment Explained, by Ed Mead
- Conditions Habeas Requires Administrative Exhaustion
- WA State DOC "Work Ethic" Program: Capitalist Training Camp, or Liberal Rehabilitation Scheme?, by PLG
- Court Declines to Define "Frivolous" Suits
- Exposure to Cold Weather States Claim
- Death Row Prisoners Entitled to Limited Contact Attorney Visits
- Prisoner's Assault Claim Must Go to Trial
- MI Hearing Officers Have Absolute Immunity
- Only One Appeal on Qualified Immunity
- Classification Chief Liable for Attack
- Making Con Drink from Toilet States Claim
- Parole Commission Guidelines Not Ex Post Facto
- Visitor Cannot Withdraw Consent to Search Once Search Has Begun
- Common Law Right to Inspect Court Records
- Nominal Damages in Eighth Amendment Claim Upheld
- No Cause of Action in Reversed Disciplinary Sanction
- "Tough On Crime" Law Increases Michigan Crime Rates
- Reviews
- WA DNA Identification Statute Upheld by District Court
- Editorial, by Ed Mead
- BOP Must Disclose Program Statement
- Weed and Seed: The Fortress Culture, by Christian Parenti
- Disastrous Conditions in Vermont Prisons
- Materials on Prison Rape Survival Available
- Dime Down, by Bill Dunne
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.
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026. Conditions of Confinement, Money/Property, Bail/Pretrial Release, Civil Rights Actions or Offenses/Bivens Actions, Plea Agreements/Guilty Pleas.
- $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.