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Retaliation Claim Remanded for Hearing on Qualified Immunity
Loaded on July 15, 2000
by Ronald Young
published in Prison Legal News
July, 2000, page 22
Retaliation Claim Remanded For Hearing On Qualified Immunity
Filed under:
Retaliation for Litigating,
Exercise,
Court Access,
Court Appearances,
Appeals,
Witnesses,
Religious Freedom Restoration Act,
Qualified Immunity,
Religious Diet.
Location:
New York.
By Ronald Young
The court of appeals for the Second circuit held that a district court's denial of summary judgement to prison guards on grounds of qualified immunity required remand to reconsider whether action against prisoner would have taken place in the …
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More from this issue:
- Prison Realty/CCA Verges on Bankruptcy, by Dan Pens
- $820,000 Awarded to Informant and Wife for Assault
- From the Editor, by Paul Wright
- Louisiana Sheriff Busted in Private Prison Scheme
- Habeas Hints: Williams Precedent, by Kent Russell
- $1,800 Awarded in PA Retaliation Suit
- Czech Prisons Reverberate as Thousands Protest, by Julia Lutsky
- Washington Jail Settles Exercise Suit
- Restrained Washington Prisoner Exonerated in Assault on Guard, by Terry A Kupers
- Another Texas Prison System Lockdown-Politics as Usual?
- $1.5 Million Awarded in Arizona Jail Medical Neglect Suit
- Staff Representative in Medication Hearing Must Have Medical Knowledge
- Brown Ad-Seg Due Process Claim Remanded for Hearing, by Ronald Young
- Administrative Exhaustion not Jurisdictional Satisfied by Letters to Defendants
- Texas Supreme Court Invalidates TDCJ-ID VitaPro Contract
- Sixth Circuit Orders Retrial of Retaliation Suit
- Showing Of Malice Under Eighth Amendment Excessive Force Test Not Required For Sexual Assault Claim, by Ronald Young
- Liberty Interest In New York Work Release, by Ronald Young
- Individual Analysis Required for Diabetic Class Action Damage Award, by Ronald Young
- $97,500 Awarded in NY Prison Work Accident
- No Pretrial Appeals of Motions to Dismiss
- Arizona Jury Acquits CCA Escapees
- Field 'Sleep Out' Without Adequate Toilet Facilities States An Eighth Amendment Violation, by Ronald Young
- Iowa Supreme Court Holds Liberty Interest in Good Time Law
- Slave Labor O.K. FLSA Does Not Apply to Detainees
- Mailbox Rule Applies to Section 2254/2255 Motions
- Private Prison Contract May be Invalid
- Retaliation Claim Remanded for Hearing on Qualified Immunity, by Ronald Young
- Prison Riots in Peru
- $12,000 Awarded in NY Slip and Fall
- IN Jail Settles Victim Suit for $650,000
- The Western Prison Project
- Marriott Cancels Prison Protest Concert
- News in Brief
- $47,500 Settlement in Pennsylvania Restraint Suit
- $100,000 Awarded Under ICCPR in GA Jail Suit
- The Politics of Heroin: CIA Complicity in the Global Drug Trade, by Rick Card
More from Ronald Young:
- Private Prison Lobbying Group Founded, Jan. 15, 2002
- Ohio Eliminates Prison Oversight Committee; Reduces Prison Funding, Jan. 15, 2002
- Corrections Corporation of America Announces Closing of Youngstown Prison, Jan. 15, 2002
- Colorado ACLU Settles Restraint Board Suit, Jan. 15, 2002
- New Missouri Mega-Prison Mothballed, Dec. 15, 2001
- Texas Jury Awards $70,000 in Prison Stabbing, Dec. 15, 2001
- Arizona CCA Prison Found 'In Turmoil', Dec. 15, 2001
- Family of BOP Prisoner Awarded $1.1 Million in Wrongful Death Suit, Dec. 15, 2001
- Blind Ohio Prisoner Spends Months in Strip Cell, Nov. 15, 2001
- Mississippi Taxpayers Fund Welfare Payments to Private Prisons, Nov. 15, 2001
More from these topics:
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026. Failure to Treat, Infections, Qualified Immunity, Fourteenth Amendment, rights, Deliberate Indifference.
- Sixth Circuit: Qualified Immunity Granted to Guard in Delayed Treatment for Prisoner who Suffered Heart Attack, Oct. 1, 2026. Pain, Cardiovascular, Failure to Treat, Qualified Immunity, Deliberate Indifference.
- Ninth Circuit Rules Favorably for Washington Prisoner Whose Writing Submission Was Censored, Oct. 1, 2026. Retaliation, Qualified Immunity, Mail Regulations, Censorship, First Amendment, rights.
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026. Qualified Immunity, Sovereign Immunity, Failure to Protect (Wrongful Death), Suicides, Deliberate Indifference.
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026. Staff-Prisoner Assault, Qualified Immunity, Fourteenth Amendment, rights, Pretrial Detention and Detainees, Wrongful Use of Force.
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Failure to Train/Supervise, Monell Liability.
- Second Circuit Rules Eighth Amendment Governs Claims of Excessive Force Brought by Parole Violator, Oct. 1, 2026. Eighth Amendment, Excessive Force, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Probation, Parole & Supervised Release.
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026. Strip Searches, Qualified Immunity, Fourth Amendment, rights, Suspicionless Searches.
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.

