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Fifth Circuit Expands Qualified Immunity Defense
Loaded on Oct. 15, 1998
published in Prison Legal News
October, 1998, page 25
In a lengthy opinion which may have dire consequences for prisoners seeking to resist qualified immunity defenses, the Fifth Circuit held that city jail guards had a duty, which was clearly established in 1989, to protect prisoners from suicide. However, the court also held that intentionally leaving a blanket used ...
Filed under:
Conditions of Confinement,
Bedding,
Qualified Immunity,
Municipal Liability,
Suicides.
Location:
Mississippi.
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More from these topics:
- CDCR Held in Contempt, Fined $112 Million in Longstanding Litigation Over Mental Health Care, Aug. 1, 2025. Staffing, Mental Health, Failure to Treat (Mental Illness), Suicides.
- Nebraska Considers Curbing Double-Bunking in Restrictive Housing, Aug. 1, 2025. Failure to Protect (General), Overcrowding, Bedding.
- Qualified Immunity Denied for Iowa Prison Doctor’s MRI Delay for Non-Medical Reasons, Aug. 1, 2025. Systemic Medical Neglect, Failure to Treat, Qualified Immunity.
- California Prison Plagued by Toxic Water and Chronic Illness, July 15, 2025. Conditions of Confinement, Toxic Fumes/Chemicals, Environmental Law, Plumbing, Sewage, Water.
- Bold New Orleans Escape Calls Attention to Poor Jail Conditions, July 15, 2025. Escapes, Conditions of Confinement, Toilets, Security Systems.
- Colorado Passes New Law to Expand Prisoner Visitation Rights, July 15, 2025. Conditions of Confinement, Extended Family Visiting, Video Visitation.
- First Circuit Affirms Denial of Qualified Immunity to Maine Guards who Ogled Prisoner During Childbirth, July 15, 2025. Staff-Prisoner Harassment, Qualified Immunity, Children of Prisoners.
- $250,000 Verdict for South Carolina Prisoner Pepper-Sprayed in Face Without Cause by Guard, July 15, 2025. Guard Brutality/Beatings, Pepper Spray/Tear Gas, Qualified Immunity.
- $550,000 Settlement After Juvenile’s Suicide at Charlotte Jail, July 15, 2025. Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides, Failure to Protect (Juveniles).
- Washington’s Continuing Competency Crisis Strains Jails, June 1, 2025. Medication, Systemic Medical Neglect, Conditions of Confinement, Failure to Treat (Mental Illness).