×
You've used up your 3 free articles for this month. Subscribe today.
No Interlocutory Appeal of Disputed Facts
Loaded on Dec. 15, 1998
published in Prison Legal News
December, 1998, page 18
The Court of Appeals for the Ninth Circuit held that prison officials may not appeal a district court's denial of their motion for summary judgment based on qualified immunity when the denial is due to disputed issues of material fact.
Filed under:
Threats by Staff,
Vermin,
Excessive Force,
Shootings,
Summary Judgment,
Appeals,
Qualified Immunity.
Location:
California.
Larry Thomas, a California state prisoner filed suit under § ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Critical Resistance: A Step Forward, by Micah Holmquist
- Notes From Other Conference Participants
- Rehabilitation or Corporate Profit
- Them Today, Us Tomorrow
- Ex-Prisoner Sues Over Phony Jail Dentist
- From the Editor, by Paul Wright
- Physical Injury Requirement Inapplicable to First Amendment Claims
- PLRA Termination Provision Unconstitutional in Ninth Circuit
- PLRA Attorney Fee Provision Not Retroactive to Pre-PLRA Services
- New Mexico CCA Disturbance Not Reported for Hours
- Medical Cost-Cutting by Private Care Provider Opens Liability
- SWAT Team Ends Juvenile Center Standoff
- Utah Prison Guard Faces Sodomy Charges
- Updated AIDS Bibliography Published
- Bay Area Students Protest Prison Spending
- Corrupt Cleveland Cops/Guards Sentenced
- Qualified Immunity No Protection for ADA Injunctive Claims
- No Right For Media to Witness Execution
- Legal Services Corporation Restrictions Affirmed, by Paul Wright
- Pro Se Tips and Tactics - Motions to Dismiss, by John Midgley
- No Liberty Interest in Ohio Visiting Rules
- Prison Writing in 20th-Century America (Book Review), by Daniel Burton-Rose
- Guard Awarded $300,000 for ETS Exposure in ADA Suit
- Texas Prisons Not Immune In Tort Claims Act Suits
- Prisoners' Legal Services of NY Victim of Budget Ax, by Dan Pens
- Texas Prisons Subject to Civil Liability
- Discipline for Possessing Legal Papers Vacated
- No Interlocutory Appeal of Disputed Facts
- Blanket Jail Strip Search Policy Unconstitutional
- Untimely Jury Demand Must be Fairly Considered
- Segregated Prisoners Retain Religious Congregation Rights
- Seventh Circuit Split on Self-Defense in Prison
- Denial of Social Security Benefits to Prisoners Upheld
- Rule 12(b) Dismissal Requires Inability to Prove Claim
- Deportation Moots Federal Habeas Appeal
- Preliminary Injunction Granted in Kosher Diet Claim
- Court Responsible for Prisoner Access to Teleconference
- News in Brief
- RFRA Still Applies to Federal Government
- Movant Bears Summary Judgment Burden
- Consent Decree Termination Requires Fact Finding
- Bureau of Prisons Transsexual Policy Challenged
More from these topics:
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025. Administrative Exhaustion (PLRA), Shootings.
- Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Jailers Who Ignored Detainee’s Spider Bite, March 1, 2025. Failure to Treat, Qualified Immunity, Immunity - Absolute and Qualified.
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025. Videotaping, Guard Brutality/Beatings, Restraints, Summary Judgment, Physical Injury/Restraint.
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025. Informants, Clothing, Sanitation, Summary Judgment, Deliberate Indifference.
- Seventh Circuit Offers Wisconsin Prisoner Just a Little Help in Suit Alleging He Was Held in Feces-Stained Cell Without Water, Feb. 15, 2025. Sewage, Water, Sanitation, Summary Judgment.
- Eighth Circuit Affirms Denial of Qualified Immunity to Missouri Guards in Transgender Prisoner’s Suit Alleging Retaliation and Unreasonable Search, Jan. 15, 2025. Guard Misconduct, Retaliatory Searches, Qualified Immunity, Discrimination (Transgender), Immunity - Absolute and Qualified.
- Former Kentucky Sheriff Indicted for Murdering Judge in Chambers, Jan. 15, 2025. Shootings, Excessive Force (Police), Indictment/Information.
- Illinois Sheriff Resigns After Deputy Fatally Shoots 911 Caller, Jan. 15, 2025. Shootings, Anonymous 911 Call.
- Ninth Circuit Reverses Federal Prisoner’s Conviction for Assaulting Guards at California Prison, Dec. 15, 2024. Excessive Force, Failure to Protect (Staff), Resentencing.
- Illinois Shutters Decrepit Prison, Dec. 15, 2024. Ventilation, Water, Hygiene Supplies, Lighting, Vermin, Rural Prisons, Class Actions.