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U.S. Supreme Court Rejects Heightened Pleading Standards for Intent Based Claims
Loaded on July 15, 1998
by Paul Wright
published in Prison Legal News
July, 1998, page 1
By Paul Wright
Filed under:
Retaliation for Litigating,
Retaliation for Media Contact,
Legal Property,
Civil Procedure,
Defenses,
Complaints,
Discovery,
Qualified Immunity.
Location:
Washington.
On May 4, 1998, the United States supreme court held that civil rights plaintiffs do not have to meet a heightened standard of pleading when filing suit against government officials. Lawsuits alleging an improper motive on the part of government defendants, i.e., retaliation claims, do not require ...
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More from this issue:
- U.S. Supreme Court Rejects Heightened Pleading Standards for Intent Based Claims, by Paul Wright
- Youth in Washington Prisons Challenge Lack of Education, by David C Fathi
- From the Editor, by Paul Wright
- Letter of Apology from TCI
- PLN Sues Utah Department of Corrections Over Bulk Mail Ban
- Where International Law Ain't Law, by Mumia Abu-Jamal
- No Interlocutory Appeals in Decree Terminations
- PLRA Three Strikes Ruling Vacated
- Consent Decree Termination Upheld
- Seventh Circuit Upholds Constitutionality of Physical Injury Requirement
- DARK NIGHT Field Notes, by Dan Pens
- Prisoner 'Stress Response Syndrome' Described, by Dan Pens
- Truth Takes a Holiday in Virginia DOC Press Release
- Behind Closed Doors: Struggle in Washington IMU's, by Jennifer Vogel
- Former Texas Prison Chief Indicted
- Eight California Prison Guards Indicted, by Willie Wisely
- Presence of Prison Rape in Utah Denied, by Julia Lutsky
- New Mexico S.Ct Grants Asylum to Little Rock Reed
- FBI Law Enforcement Sting Nabs 53 in Ohio
- High-Tech Vendors Penetrate Prison Market
- $350,000 Awarded in Ohio Prisoner Death
- California Whistleblowers Silenced, Punished
- Wisconsin Joins the Control-Unit Fraternity
- Former Arizona Governor Sentenced, by O'Neil Stough
- Another Florida Gain-Time Statute Unconstitutional
- Transgender Treatment Questioned
- Sexual History Evidence Limited in Rape Suit
- Hepatitis C Epidemic Threatens California Prisoners, by Willie Wisely
- Pennsylvania Consent Decree Clarified
- 8th Circuit Orders BOP Sentence Reductions
- Seg Conditions Analyzed for Sandin Purposes
- News in Brief
- Right to Psychiatric Care Clearly Established
- Gender Motivated Violence Act
- Injury Required to Enforce Grand Jury Law
- Washington Child Support Minimum Struck Down
- Criminal History Inadmissable for Impeachment
More from Paul Wright:
- From the Editor, May 1, 2025
- From the Editor, April 1, 2025
- From the Editor, March 1, 2025
- From the Editor, Feb. 15, 2025
- From the Editor, Jan. 15, 2025
- Bruce Johnson 1950–2024, Sept. 15, 2024
- From the Editor, Sept. 15, 2024
- From the Editor, Aug. 15, 2024
- From the Editor, July 1, 2024
- From the Editor, June 1, 2024
More from these topics:
- Third Circuit Denies Qualified Immunity to Pennsylvania DOC in Prisoner’s Challenge to 26 Years of Solitary Confinement, May 1, 2025. Qualified Immunity, Control Units/SHU/Solitary Confinement.
- Fifth Circuit Denies Qualified Immunity to Louisiana Officials Who Forced Prisoner to Work with Broken Surgical Screws in Ankle, May 1, 2025. Prison Labor, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference, Fair Labor Standards Act (FLSA).
- Ninth Circuit: No Exception to Due Diligence in Discovery Even for “Conclusive Evidence”, April 1, 2025. Discovery, Suppression of Evidence.
- 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.
- Oregon Pays $50,000 to Settle Retaliation Suit by PLN Contributor, Who Wins Release, Feb. 15, 2025. Retaliation for Litigating, Retaliation for Media Contact, Settlements.
- 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.
- Third Circuit Affirms Qualified Immunity for Pennsylvania Guards Who Pepper-Sprayed Asthmatic Prisoner, Nov. 15, 2024. Guard Misconduct, Medical Experiments/Exploitation, Pepper Spray/Tear Gas, Qualified Immunity, Guards/Staff, Immunity - Absolute and Qualified.
- Eighth Circuit Upholds Denial of Qualified Immunity to Minnesota Guard Accused of Assaulting Restrained and Compliant Prisoner, Nov. 15, 2024. Guard Brutality/Beatings, Restraints, Qualified Immunity, Immunity - Absolute and Qualified.
- Iowa Qualified Immunity Law Lets County Off the Hook for Guard’s Sex Abuse of Jail Detainee, Oct. 15, 2024. Staff-Prisoner Assault, Qualified Immunity, Immunity - Absolute and Qualified.
- Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant, Oct. 1, 2024. Defenses, Jury Instructions, Motive/Opportunity/Intent/Identity Evidence.