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Plaintiff Entitled to Respond to Qualified Immunity Defense
Loaded on Oct. 15, 1996
published in Prison Legal News
October, 1996, page 5
The court of appeals for the fifth circuit held a district court improperly dismissed a prisoner's civil rights complaint when it did not allow the plaintiff to respond to the defendants' qualified immunity defense. Donald Todd, a federal prisoner, filed suit claiming his right to equal protection and to be …
Filed under:
Racial Discrimination,
Civil Procedure,
Defenses,
Complaints,
Qualified Immunity.
Location:
Texas.
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More from this issue:
- UNICOR Hogs Body Armor Market, by Dan Pens
- Prisoners May Be Allowed to Lead Religious Services
- From the Editor, by Dan Pens
- The "Honorable Men" Defense, by Mumia Abu-Jamal
- Plaintiff Entitled to Respond to Qualified Immunity Defense
- Alleged Work Refusal Requires Trial
- Unrest in South American Prisons
- Less than Lethal Force Liability
- Smoke and Mirrors
- A Matter of Fact
- Correction
- Cause of Action Accrues on Disciplinary Reversal
- Prisoner Testimony Must Be Considered in Spears Hearing
- Texas Parole Rules on Litigants and Victim Statements Enjoined
- Extending Release Date Violates Eighth Amendment
- Attorney Fees Awarded for Opposing Motion to Vacate
- Attica: Looking Back 25 Years, by Jaan Laaman
- Jail Guards File Suit
- Fifth Circuit Applies New Standard to Detainee Claims
- MCC Settlement Upheld
- Evidence Required for Disciplinary Sanction, Sandin Questioned
- Pepper Spray Madness, by Lynn Wilson
- Pepper Spray Unsafe?
- Indigents Entitled to Full Credit for Pretrial Detention
- De Novo Review Required of Magistrate's Report
- Texas Shaving Rule Declared Illegal
- Parolee's Jail Rights Discussed
- Missouri Haircut Rule Upheld under RFRA
- No Right to Assistance in Family Law
- Retaliation for Grievance Committee Participation Requires Trial
- PI Granted in Haircut Claim
- Court Responsible for Jury Demand
- Complaint Can't Be Dismissed if Partial Filing Fee Paid
- No FLSA Protection for Work Release Prisoners
- Right to Witnesses and Court Access Well Established
- News in Brief
- Court Okays Disclosure of AIDS Status
More from these topics:
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- Colorado Prison Wardens Participated in Longstanding Racist, Homophobic Group Chat, July 1, 2026. Guard Misconduct, DOC/BOP misconduct, Racial Discrimination, Gay/Lesbian, Employee Litigation.
- SCOTUS Reverses Mississippi Capital Conviction, July 1, 2026. Racial Discrimination, AEDPA, Preservation of Appellate Rights/Issues, Jury Selection, Batson Claims.
- Texas Executes 600th Prisoner Since Reinstating Death Penalty in 1976, June 1, 2026. Racial Discrimination, Statistics/Trends, Death Penalty, Mental Retardation/Intellectual Disability.
- $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.
- Washington State Supreme Court Ruling Supports Broad Immunity in Overdose Cases, June 1, 2026. Drug Overdose, Failure to Protect (General), Defenses, Immunity/Liability, Failure to Protect (Wrongful Death).
- 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.
- Ombuds Report Doesn’t Rule Out Racism or Retaliation at Red Onion State Prison, June 1, 2026. Guard Misconduct, Racial Discrimination, Retaliation for Filing Grievances, Failure to Treat, Control Units/SHU/Solitary Confinement.
- Federal Judge Upholds Infamously Brutal Farm Labor at Angola Prison, June 1, 2026. Racial Discrimination, Prison Labor, Exposure to Heat, Cruel and Unusual Punishment, Deliberate Indifference.
- Report Finds Stark Racial Disparities in Wisconsin Prisons, June 1, 2026. Racial Discrimination, Native American, Statistics/Trends.

