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Fact Dispute Bars Qualified Immunity Appeal
Loaded on May 15, 1998
published in Prison Legal News
May, 1998, page 20
The court of appeals for the fifth circuit held that it lacked jurisdiction to hear an interlocutory appeal on the denial of qualified immunity to prison officials where the lower court denied qualified immunity due to disputed facts. Two Louisiana state prisoners sued Kirt Guerin, a drill instructor, who locked …
Filed under:
Conditions of Confinement,
Boot Camps,
Overcrowding,
Ventilation,
Toilets,
Appeals,
Qualified Immunity.
Location:
Louisiana.
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More from this issue:
- Oregon's Prison Slavocracy, by Dan Pens
- Slaves-R-Us Corporate Partners Wanted
- Profits First! Convict Labor in America, book: Twice the Work of Free Labor (Book Review), by Paul Ortiz
- Book Reviews, by Paul Ortiz
- From the Editor, by Paul Wright
- Profits First! Convict Labor in America, book: Worse than Slavery, D. Oshinsky, by Paul Ortiz
- WA County Launches Slave Labor Center
- Jailhouse Travel Agents
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Work Strike Suppressed and Sabotaged in Ohio, by Daniel Burton-Rose
- Texas Prison Labor Union
- CURE-Ohio and the Aftermath
- Prior Dismissals Count as Strikes
- Bad Faith Appeals
- Fee Required in Voluntary Dismissal
- Grievance Exhaustion Required
- Physical Injury Limit Defined, Wrongly
- Tenth Cir. Upholds IFP Provisions
- No Ex Post Facto Violation in Permanent Loss of Forfeited Good Time
- Alaska Classification Subject to Court Review
- DC Women Prisoners' Suit Settled
- Deliberate Indifference Applies to Detainees
- Louisiana DOC Defiance Rule Unconsitutional
- Prison Jobs and Free World Unemployment, by Adrian Lomax
- Unicor Steals Glove Business From Private Firms
- Union Reverses Position on Private Prisons
- New Jersey Mental Health Class Action Gains Momentum, by Steve Vaccaro
- Fact Finding Required in Disciplinary Suits
- Prison Phones Discussed
- $60,000 Judgement Against Florida DOC Reinstated, by James Quigley
- Jury Verdict Affirmed in Arkansas Prisoner Attack
- No Federal Remedy for False Disciplinary Charges
- Fact Dispute Bars Qualified Immunity Appeal
- Florida Finally Learns the Meaning of Ex Post Facto
- Florida Prisoners Have Right to Present Evidence at Disciplinary Hearings
- Delay of Dental Service Violates 8th Amendment
- Michigan Visiting Restrictions Upheld
- Delay in Treatment for Jail Prisoner Actionable
- Denial of Counsel Reversed
- Law on Strip Searches of Prison Visitors Clearly Established
- News in Brief
- AZ Prisoners Have Right to Attend Paternity Hearings
- Prison Disciplinary Proceedings Cognizable Under § 1983 in Florida
More from these topics:
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- Pennsylvania Closes Its Second-Oldest Prison, May 1, 2026. Cost of Prison Systems, Totality of Conditions, Boot Camps, Plumbing, Reduction of Prison Population.
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026. Conditions of Confinement, Money/Property, Bail/Pretrial Release, Civil Rights Actions or Offenses/Bivens Actions, Plea Agreements/Guilty Pleas.
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- $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.

