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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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- 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
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- 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
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- 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
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- 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
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More from these topics:
- Third Circuit Denies Qualified Immunity to Pennsylvania Jail Guards and PrimeCare in Detainee’s Overdose Death, July 1, 2024. Primecare Medical, Drug Overdose, Qualified Immunity, Medical Neglect/Malpractice.
- Eighth Circuit Largely Restores Qualified Immunity to Minnesota Jail Guards in Use of Force on Bipolar Prisoner, July 1, 2024. Guard Brutality/Beatings, Qualified Immunity, Immunity - Absolute and Qualified.
- Idaho Continues To Cell “Dangerously Mentally Ill” Without Charges, June 1, 2024. Conditions of Confinement, Totality of Conditions, Lockdowns, Control Units/SHU/Solitary Confinement, Civil Commitment.
- Harris County Shipping Detainees from Overcrowded Jail to Mississippi CoreCivic Prison, June 1, 2024. Corrections Corporation of America/CoreCivic, Overcrowding.
- $500,000 Settlement for Colorado Prisoner Forced to Defecate in Bucket for 12 Days, May 1, 2024. Retaliation for Filing Grievances, Exposure to Cold, Toilets, Water, Sanitation, Strip Cells, Hygiene Supplies, Restraints.
- Eighth Circuit Says Lower Court “Tilted the Scales Too Far” for Jailers in Missouri Detainee’s Fatal Overdose, May 1, 2024. Drug Overdose, Qualified Immunity.
- Qualified Immunity Denied to Former New Mexico Warden in Prisoner’s Sexual Abuse Claim, May 1, 2024. Staff-Prisoner Assault, Discovery, Qualified Immunity, Supervisory Liability, Immunity - Absolute and Qualified.
- Second Circuit Grants New York Officials Qualified Immunity for Prisoner’s Stolen Sentence Credits, May 1, 2024. Education, Good Time, Overdetention, Qualified Immunity.
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024. Guard Misconduct, Failure to Treat, Jail Specific, Qualified Immunity, Medical Neglect/Malpractice, Immunity - Absolute and Qualified, Deliberate Indifference.
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024. Guard Misconduct, Seizures, Failure to Treat, Drug Overdose, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference.