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No Qualified Immunity for Private Prisons; Supreme Court Grants Review
Loaded on Feb. 15, 1997
published in Prison Legal News
January, 1997, page 11
The court of appeals for the sixth circuit held that guards employed by private, for profit prisons are not entitled to qualified immunity from suit. This is the first circuit court ruling to squarely address whether private prisons are entitled to qualified immunity. Until now only district courts had ruled …
Filed under:
Private Prisons,
Corrections Corporation of America/CoreCivic,
Injury -- Misc.,
Restraints,
Qualified Immunity,
Contractor Liability.
Location:
Tennessee.
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More from this issue:
- Second Circuit Rejects Prison FLSA Claim, Modifies Standard
- Washington Pork Refuses to Be Trimmed: Guard Towers Stay, by Paul Wright
- New Prisoner Resource Guide Available
- From the Editor, by Dan Pens
- Law Against Love, by Mumia Abu-Jamal
- From the Inside Looking Out, by Jon Marc Taylor
- From the Editor, by Paul Wright
- DiIulio's Crime Solution
- Prison Time vs. Crime Rate Study
- Ninth Circuit Rules on Washington ADA Suit, by Leonard Feldman
- PLRA Fees Don't Apply to Released Prisoners
- Seventh Circuit Defines and Applies PLRA and AEDPA
- NY Jail Consent Decrees Vacated under PLRA
- Beating Damages Affirmed; PLRA Not Retroactive on Vacated Attorney Fees
- Seventh Circuit Applies PLRA to Federal Prisoners
- Center for Advocacy of Human Rights Update
- Virginia Hawks Parolees' Names
- No Qualified Immunity for Private Prisons; Supreme Court Grants Review
- Habeas Corpus Study
- Prisoner Litigation in the US Courts
- Publications of Interest
- Washington Religious Name Retaliation Suit Settled
- Call Recipient's Rights Not Violated in Phone Taping
- County Liable for Trustee's Work; No Remedy for Illegal Detention
- News in Brief
- Washington Prisoner May Have Right to Attend Paternity Hearing
- New York Sex Offender Registration Enjoined
More from these topics:
- Washington Governor Fires Independent Prison Watchdog, May 1, 2026. DOC/BOP misconduct, Government Misconduct, Pepper Spray/Tear Gas, Restraints, Administrative Detention/Segregation.
- 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.
- Monitor Says Massachusetts Prisons Will Not Meet Settlement Deadline for Mental Health Reforms, May 1, 2026. Private Prisons, DOC/BOP misconduct, Consent Decrees, Failure to Treat (Mental Illness), Suicides.
- Houston Jail Renews $38 Million Contract to Outsource Detainees to Private Lockups, April 1, 2026. Corrections Corporation of America/CoreCivic, Failure to Treat, Overcrowding, Staffing, Medical Neglect/Malpractice.
- $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.
- Tulsa Jail Withholds Records Related to Detainee Deaths, April 1, 2026. Private Prisons, Wrongful Death, Suicides, Access to Media, Public Records Act.
- Officials in Kansas Allow CoreCivic to Reopen Leavenworth Prison, April 1, 2026. Corrections Corporation of America/CoreCivic, Advocacy, Injunctions, Immigration Detention, Authority and Jurisdiction.
- Analysts Recommend Closing California’s Soledad Prison, April 1, 2026. Private Prisons, Cost of Prison Systems.
- Montana Switches to Sending Prisoners to a Private Prison in Mississippi, April 1, 2026. Out of State Transfers, Corrections Corporation of America/CoreCivic, Overcrowding.
- $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.