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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:
- $100,000 Paid to Five Prisoners Assaulted by Centurion Gynecologist at Florida Lockup, Sept. 1, 2026. Staff-Prisoner Assault, Prison Rape Elimination Act, Contractor Liability, Monell Liability, Deliberate Indifference.
- $280,000 Paid for South Carolina Detainee’s Death in Charleston Jail, Sept. 1, 2026. Private Contractors, Failure to Treat, Contractor Liability, Medical Neglect/Malpractice, Monell Liability.
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026. Strip Searches, Qualified Immunity, Fourth Amendment, rights, Suspicionless Searches.
- Report Highlights Repeated Overdoses at Florida County Jail, Sept. 1, 2026. Corrections Corporation of America/CoreCivic, Contractor Misconduct, Jail Misconduct, Drug Overdose.
- Troubled Illinois Lockup Sees Guard Abuses, Prisoners on Hunger Strike, Sept. 1, 2026. Hunger Strikes, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints, Administrative Detention/Segregation.
- $75 Million CoreCivic Contract to Reopen Minnesota Private Prison Creates Resistance from Activists and Lawmakers, Sept. 1, 2026. Corrections Corporation of America/CoreCivic, Protests, Advocacy, State Legislation, Immigration Detention.
- 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.
- Death of Seattle Detainee—Jailed Despite Not Being “Grounded in Reality”—Costs King County $3.5 Million Settlement, Aug. 1, 2026. Restraints, Medical Neglect/Malpractice, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness), Monell Liability.

