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Frivolous Qualified Immunity Appeals Warrant Sanctions
Loaded on Aug. 15, 1999
published in Prison Legal News
August, 1999, page 16
The court of appeals for the Sixth Circuit that it lacked jurisdiction over an interlocutory appeal from an order denying qualified immunity because the prison medical personnel defendants would not concede to view the facts in a light most favorable to the prisoner. Because such appeals are inherently frivolous, the ...
Filed under:
Workplace Injury,
Injury -- Misc.,
Attorney Fee Awards,
Civil Procedure,
Frivolous Litigation,
Costs,
Appeals,
Sanctions,
Qualified Immunity.
Location:
Michigan.
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- "Victims' Rights" as a Stalkinghorse for State Repression, by Paul Wright
- No Equal Justice: Race and Class in the American Criminal Justice System, by David Cole (Review), by Alex Friedmann
- From the Editor, by Paul Wright
- PLN Sues Alabama DOC Over Gift Subscription Ban
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Prison-Industrial Complex Conferences Are Spreading the Word, by Hans Sherrer
- Kentucky Jail Settles Strip Search Suit for $11.5 Million
- Washington 35% Law Struck Down by State Court
- Washington Legislature Amends 35% Law, Again, by Paul Wright
- Washington DOC Illegally Penalizes Indigents
- Class Action Suits Challenge Rip-Off Prison and Jail Phone Rates
- FCC Requires Rate Disclosure for Prison Phones
- Kentucky Utilities Commission Reduces Prison and Jail Phone Rates
- Warden Used "Force" in Sexual Assault
- Private Prison Operators Enter Medical Care Market, by Alex Friedmann
- Jury Awards Beaten Texas Prisoner $250,000
- Physical Injury Rule Applied to Pre-PLRA Asbestos Exposure
- CCA Settles Youngstown Suit for $2.48 Million
- Attorney Fees Must Be Expressly Reserved
- PLN Sues Utah Jail over "Bulk Mail" Ban
- First Amendment Guarantees Kosher Meals
- Frivolous Qualified Immunity Appeals Warrant Sanctions
- Individual Capacity Claims Not Applicable to RA and ADA
- Franklin Reversed; DC Prisoners Have No Right to Qualified Interpreters
- No Qualified Immunity for Texas Sheriff and CCRI Guards Who Abused Missouri Prisoners
- No Liberty Interest in Illinois Parole Laws
- BOP Erred in Denying Early Release Eligibility
- Denial of Pain Medication Violates Eighth Amendment
- Motive Question Precludes Summary Judgment in Medical Suit
- Tarrant County Jail's Christian Education Unit May Violate Texas and Federal Establishment Clauses
- Iowa Ban on Tapes with Parental Warning Upheld, by Paul Wright
- AA Probation Requirement Continues to Violate Establishment Clause
- Pro Se IFP Litigant Entitled to Amend Suit in Second Circuit
- California Guard Union Doles Out Millions to Politicians
- PLRA Consent Decree Termination Provision Upheld by 2nd and 3rd Circuits
- Costs Imposed Regardless of Ability to Pay
- PLRA Attorney Fee Cap Applies in $65,000 Beating Case
- Heck Doesn't Apply After Release from Prison
- No Administrative Exhaustion Requirement for Ex-Prisoners
- PLRA Doesn't Require Notice of Claim for Exhaustion
- Contaminated Water Claim Not Barred by PLRA Physical Injury Rule
- BOP Warden Held in Contempt for Failure to Forward PLRA Filing Fee
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- News in Brief
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More from these topics:
- 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.
- 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.
- Tenth Circuit Upholds Nearly $8.8 Million Judgment for Utah Jail Death, June 1, 2025. Injury -- Misc., Drug/Alcohol Withdrawal, Medical Neglect/Malpractice.
- Wellpath and VitalCore Skip Paying Nearly $2 Million in Settlements in South Carolina, June 1, 2025. Staff-Prisoner Assault, Systemic Medical Neglect, Injury -- Misc., Private Contractors.
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- The Crushing Toll of Ohio’s Death Penalty: A Billion-Dollar Failure, May 15, 2025. Costs, Death Penalty.
- 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).
- Missouri Repeals “Pay-to-Stay” Law, May 1, 2025. Cost of Prison Systems, Costs, Ability to Pay.