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Qualified Immunity RA Defense
Loaded on Aug. 15, 1995
published in Prison Legal News
August, 1995, page 14
The court of appeals for the eighth circuit has held that the affirmative defense of qualified immunity is available to government officials sued under the Rehabilitation Act (RA), 29 U.S.C. '794(a). McKinley Lue is a blind Missouri state prisoner who filed suit claiming he was given inadequate medical care and …
Filed under:
Blind Prisoners,
Vision,
Civil Procedure,
Damages,
Defenses,
Rehabilitation Act,
Qualified Immunity.
Location:
Missouri.
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More from this issue:
- Supreme Court Guts Due Process for Prisoners
- Pelican Bay Ruling Issued
- WA Passes Record Anti-Prisoner/Defendant Legislation, by Paul Wright
- IFP Dismissal Reversed
- Martinez Hearing Reversed
- INS Deportation Hearings Required Prior to Release, by Boyd F Campbell
- Qualified Immunity RA Defense
- Shackled Litigant Denied Due Process
- ID Rider Program Creates Liberty Interest
- 8th Amendment Discussed
- Outgoing Mail Censorship Illegal
- Translators Required for Medical Interviews
- Detainees Entitled to Non-Punitive Conditions
- No Immunity for Smoke Exposure
- OR DOC To Ban Smoking
- Hearing No Substitute for Trial
- Fear Constitutes Actual Injury
- From The Editor, by Paul Wright
- News in Brief
- Police, Death and Inquests, by Adrian Lomax
- From Senegal in Struggle, by Demba Diop
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- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.
- $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.
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.
- 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.
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