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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 § …
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- Critical Resistance: A Step Forward, by Micah Holmquist
- Notes From Other Conference Participants
- Rehabilitation or Corporate Profit
- Them Today, Us Tomorrow
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- 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
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- 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
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- 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
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More from these topics:
- The Cells Inside ‘One of the Most Archaic Prisons in the United States’, April 1, 2026. Totality of Conditions, Plumbing, Sewage, Shelter, Vermin.
- $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.
- Eighth Circuit Revives Lawsuit Over Iowa Jail Detainee’s Suicide, April 1, 2026. Summary Judgment, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides.
- Oklahoma County Officials Move to Dissolve Jail Trust Created for Oversight, April 1, 2026. Totality of Conditions, Staffing, Sanitation, Jail Specific, Vermin.
- $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.
- Eighth Circuit Rules Iowa Prisoner’s Adverse Summary Judgment Is Not a “Strike”, March 1, 2026. Filing Fees (PLRA), Frivolous Litigation (PLRA), Summary Judgment, Failure to Treat (Mental Illness), Access To Courts.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.
- Louisiana Prisoner Sustains Claim Against Prison Doctor for Allowing Assignment to “Field Duty” Despite Known Ankle Injury, March 1, 2026. Inability to Work, Skeletal Injury, Summary Judgment, Qualified Immunity, Deliberate Indifference.
- Tenth Circuit Affirmed Denial of Guards Qualified Immunity in Disabled Detainee’s Fourteenth Amendment Claim, March 1, 2026. Failure to Treat, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.

