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Qualified Immunity Granted at Summary Judgment Stage in Prison Shooting Suit
Loaded on Feb. 15, 2002
by John E Dannenberg
published in Prison Legal News
February, 2002, page 29
The Ninth Circuit U.S. Court of Appeals held that California prison guards who shot one prisoner in the neck during a yard riot, while allegedly aiming at another prisoner, were entitled to qualified immunity from Eighth Amendment based civil liability claims because the wounded prisoner failed to factually establish in ...
Filed under:
Racial Discrimination,
Prison Rebellion,
Excessive Force,
Guard Brutality/Beatings,
Shootings,
Qualified Immunity,
Supervisory Liability.
Location:
California.
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More from this issue:
- You're in the Hole: A Crackdown on Dissident Prisoners, by Anne-Marie Cusac
- From the Editor, by Paul Wright
- California Prison Guards Protected in Criminal Investigation
- Mental Health Treatment in State Prisons Falls Short
- Oregon Court of Appeals Vacates IFP Decisions
- Pro Se Tips and Tactics, by John Midgley
- $3.54 Million Paid For Falsely Imprisoning Unconvicted Mentally-Incapacitated California Man For Two Years In New York, by John E Dannenberg
- CCA Settles New Mexico "Failure To Protect" Suit For $41,885
- Colorado Sovereign Immunity from Prisoner Suits Upheld; Medical Claim Remanded
- PLN Sues Utah Jail Over Publication Ban; Jail Settles
- Washington Department of Corrections' Address Requirement Illegal
- Conditions of Confinement: Washington State Prisoner Sues Over Twelve Harsh Days in Strip Cell, by Silja JA Talvi
- PLN Sues Washington DOC Over Mail Censorship - Again
- Minnesota Cost-of-Confinement Surcharge Upheld
- Jail Not a Dwelling Under Federal Housing Act
- $2.2 Million Award for New Mexico Prison Bug Spray Injuries
- Denial of Habeas Corpus Parole Challenge Reversed
- Parole Revoked for Refusing Medication
- Vague Confidential Information and Gang Allegations Held Insufficient to Justify Close Custody Ruling, by John E Dannenberg
- PLRA Constitutional, Most of Ruiz Relief Terminated in Texas Suit
- Section 1983 Civil Rights Claims Not Barred by Kansas Tort Remedies
- Second and Sixth Circuits Uphold Validity of PLRA's Taxation of Costs
- Los Angeles Sheriff's Over-Detention Policy Renders County Liable Under 42 U.S.C. Section 1983, by John E Dannenberg
- Order for Attorney Not to Contact Class Members Void
- No Qualified Immunity for Shackling Prisoner to Hospital Bed
- Qualified Immunity Granted at Summary Judgment Stage in Prison Shooting Suit, by John E Dannenberg
- Balisok Bars Privacy Act Claim
- Indiana Creates Liberty Interest in Good Time Credits
- News in Brief
More from John E Dannenberg:
- California’s “Realignment” Law Sends 38,000 State Prisoners to County Control, Aug. 11, 2016
- Pennsylvania Prisoner Gets $12,500 in Retaliation Suit After Remittitur, Jan. 15, 2010
- Nebraska Muslim Prisoner Wins Religious Concessions, April 15, 2009
- Illegal Strip Searches During Minor Charges Net Sacramento Jail Detainees $1,000 Each, May 15, 2007
- California: Knowing Waiver of Conduct Credits at Plea Agreement Controls Upon Later Probation Violations, May 15, 2007
- Arizona Internet Ban Permanently Enjoined, May 15, 2007
- California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity, May 15, 2007
- California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns, May 15, 2007
- PLN Wins FOIA Suit to Gain Copies of BOP Verdicts and Settlements without Charge, Sept. 15, 2006
- Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights, Sept. 15, 2006
More from these topics:
- “You Just Broke My Neck”: Ohio Detainee Sues Jail Where Guards Are Accused of Multiple Assaults, July 1, 2024. Guard Brutality/Beatings.
- 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.
- Missouri Muslim Prisoners Advance Suit Against Guards For Assault During Prayer, July 1, 2024. Religious Discrimination, Guard Brutality/Beatings, Pepper Spray/Tear Gas.
- Four BOP Guards Sentenced for Three Federal Prisoner Assaults at Kentucky Lockup, July 1, 2024. Guard Misconduct, Guard Brutality/Beatings.
- For Beating Handcuffed Prisoners, Former Alabama Guard Supervisor Gets 87 Months, July 1, 2024. Guard Misconduct, Guard Brutality/Beatings.
- Seventh Kentucky Guard Sentenced for Restrained Prisoner’s Beat-down, July 1, 2024. Guard Misconduct, Guard Brutality/Beatings.
- $8.9 Million Settlement Reached for N.Y. Prisoner’s Death Following Guards’ Baton Beating, July 1, 2024. Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- 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.
- California Court of Appeal: Statistical Evidence Showing Racial Disparity Combined With Evidence Showing Non-Minority Defendants Charged With Lesser Crimes Establishes Prima Facie Case Under California Racial Justice Act, June 15, 2024. Racial Discrimination, Racial Profiling, Charging Decisions, Disparity in Charging/Sentencing Practices.
- Two Ohio Prisoners and Two Guards Tried for Assaults, June 1, 2024. Guard Brutality/Beatings, Assaults on Staff.