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Fact Disputes Not Immediately Appealable
Loaded on March 15, 1996
published in Prison Legal News
March, 1996, page 16
The court of appeals for the eighth circuit has ruled that it lacks jurisdiction to hear interlocutory appeals by prison officials challenging the sufficiency of the evidence against them. Milton Sanders, a Missouri state prisoner, filed suit claiming his eighth amendment rights were violated when prison officials celled him with …
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More from this issue:
- Prisoner ADA Suit Wins at Trial, by John Emry
- GCI Corruption Continues
- Lying Pathologist Imprisoned
- From the Editor, by Paul Wright
- Pro Se Tips and Tactics (Individual and Official Capacity Suits), by John Midgley
- Texas Medical Charge May Violate Due Process
- National Convocation May 18-22
- How Many Times Do We Pay?, by Jon Marc Taylor
- Qualified Immunity for ADA Suit
- Interlocutory Appeals Discussed
- Atlanta Jail Official Arrested
- The Cost of Litigation, by Arizona Reader
- Case Updates
- Legal Materials Available
- Soledad Brother, by Reviewed by Schulte, Elizabeth
- Attorney Fees for Consent Decree Enforcement
- Texas Guard Gets Probation for Killing Prisoner
- Florida Chain Gangs
- Forced Labor for Arizona Death Row Prisoners
- Virginia Class Action Members Sought
- Exposure to Fumes Violates 8th Amendment
- Clippings Suit Set for Trial
- Fact Disputes Not Immediately Appealable
- Contempt Ruling Against LA Prisoncrats
- No Specific Intent Required for 8th Amendment Claim
- Seventh Circuit Discusses Sandin
- Transexuals Entitled to Treatment
- Private Prisons Get Qualified Immunity
- Law on Retaliation Clearly Established in 2nd Circuit
- Guard's Rectal Search States Claim
- Prison Officials Can't Moot Law Library Suit by Transfer
- Washington State Sues Over Aliens
- News in Brief
- US Supreme Court Grants Review in Forfeiture Cases
- Muslims Granted TRO
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.