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Parole Officer Recommendation Not Protected by Absolute Immunity
Loaded on Feb. 15, 1999
published in Prison Legal News
February, 1999, page 20
Parole Officer Recommendation Not Protected by Absolute Immunity
Filed under:
Parole Board Misconduct,
Retaliation for Litigating,
Civil Procedure,
State Law Claims,
Parties,
Parole,
Qualified Immunity,
Judicial Immunity,
Prosecutorial Immunity.
Location:
New York.
The court of appeals for the second circuit held a parole officer who recommended that a warrant be issued for a parolee's arrest was not entitled to absolute imunity.
John Scotto, a felony parolee from California, moved to New York with permission …
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More from this issue:
- Our Sisters' Keepers, by Daniel Burton-Rose
- Human Rights Report Details Women in Prison
- Campaign to End Slavery in American Prisons
- From the Editor, by Paul Wright
- Book Review: Breaking the Walls of Silence, by Laura Whitehorn
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Felony Trial for Planted Knife Is Malicious Prosecution
- Attorney Fee Cap Inapplicable to Pre-PLRA Suits; PLRA Automatic Stay Provisions Constitutional
- Dismissal with Prejudice for Failure to Exhaust; Prison Must Process Grievance within Time Limits
- New York Prison Guard Nailed with DNA Evidence
- California Guards Indicted in Rapes, by Willie Wisely
- Virginia Prison "Fire Trap" Finding Reversed
- Threats to File Grievances Protected
- University Professor Shills for Private Prison Industry, by Alex Friedmann
- Samuels v. Mockry Reversed Once Again
- Scott Superceded
- Washington 35% Statute Upheld in State Court
- Settlement in Washington State Deaf Prisoners' Lawsuit, by Jeff Crollard
- Duffy v. Riveland: Some Comments Regarding the Court's January 20, 1998 Summary Judgment Ruling, by Leonard Feldman
- California Gas Chamber Ruling Vacated
- PLN Writer Settles Nude Photo Suit for $3,000
- Illinois Sheriffs Are County Employees
- Guard Socked for $37,500 in Vendetta
- Rikers Island Brutality Suit Settled, by Jonathan Chasan
- Victim of Guard Rape Awarded $50,000
- Abuse of Discretion to Dismiss Medical Suit
- Abuse of Prisoners Confirmed at CCA Facility
- Eighth Circuit Reinstates $80,000 Damage Award in Rape Case
- No Credit for Time Served on Wrongful Conviction
- Parole Officer Recommendation Not Protected by Absolute Immunity
- Cancellation of TDCJ/VitaPro Contract Reversed
- Trial Required in Wisconsin Excessive Force Suit
- No Right to Mutual Legal Assistance in 11th Circuit
- Prisoners Entitled to Money Damages and Injunctive Relief under ADA and RA
- Colorado Contraband Rule Requires Visitor Notice
- Indiana Jail Ban on Publications Struck Down
- News in Brief
- Arizona Jail Porn Ban Struck Down
- Temporary Injunction Issued to Prevent Sex Offender Notification to Employer
- Spencer Applied to Parolee's § 1983 Claim
More from these topics:
- Michigan Claws Back $1.2 Million Paid to Wrongfully Convicted Former Prisoner, Feb. 1, 2026. Police Misconduct, Wrongful Imprisonment, Qualified Immunity, Forensic Sciences, Fabrication of Evidence.
- North Carolina Parole Commission Agrees to Stop “Moving Goalposts” for Prisoners Who Committed Crime as Juveniles, Feb. 1, 2026. Parole Board Misconduct, Rehabilitation/Recidivism, Parole, Juvenile Offenses/Offenders, Cruel and Unusual Punishment.
- Ninth Circuit: Notice of Appeal of Order Denying Qualified Immunity Must Be Filed Within 30 Days of Entry, Feb. 1, 2026. Liberty Interests, Evidence, Qualified Immunity, Fourteenth Amendment, rights.
- Study Finds Parole Hearings and Grants Continue to Fall, Jan. 1, 2026. Parole Board Misconduct, Statistics/Trends, Rehabilitation/Recidivism, Parole, Probation, Parole & Supervised Release.
- Sixth Circuit Affirms Denial of Qualified Immunity for Michigan Jailer Accused of Retaliatory Assault, Jan. 1, 2026. Retaliation, Guard Brutality/Beatings, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.
- $600,000 Awarded So Far in Disgraced Georgia Sheriff’s Trial for Abusing Detainee in Restraint Chair, Jan. 1, 2026. Exposure to Cold, Restraints, Qualified Immunity, Damages - Compensatory, Wrongful Use of Force.
- Fifth Circuit Rules Against Louisiana Prisoner Seeking to Recoup Money Made at Angola Prison Rodeo, Jan. 1, 2026. Seizure of Prisoner Funds, Trust Accounts, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Sixth Circuit Affirms Denial of Qualified Immunity to Jail Nurses in Suit Arising from Prisoner’s Death, Dec. 1, 2025. Medication, Failure to Treat, Qualified Immunity, Medical Neglect/Malpractice, Deliberate Indifference.
- Sixth Circuit Affirms Denial of Qualified Immunity to Michigan Warden Whose Guards Gave Prisoner Plastic Bag Used in Suicide, Dec. 1, 2025. Guard Misconduct, Qualified Immunity, Failure to Train/Supervise, Suicides, Deliberate Indifference.

