×
You've used up your 3 free articles for this month. Subscribe today.
No Jurisdiction for Appeal When Qualified Immunity Not Denied
Loaded on July 15, 2002
published in Prison Legal News
July, 2002, page 24
by Matthew T. Clarke
Filed under:
Conditions of Confinement,
Failure to Protect (General),
Summary Judgment,
Appeals,
Qualified Immunity.
Location:
Arkansas.
The Court of Appeals for the Eighth Circuit has ruled that it has no jurisdiction to hear an interlocutory appeal of a partial denial of a motion for summary judgment when the district court did not actually rule on defendants' qualified immunity defense.
Ben Krein, an …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Two Private Kentucky Youth Facilities Closed for Abuse, by Gary Hunter
- From the Editor, by Paul Wright
- Pro Se Tips and Tactics: Unknown Defendant Identities, by John Midgley
- PLN Sues Kansas DOC Over Censorship Policies
- PLN Sues Oregon DOC Over Mail Censorship, Again
- Oregon Prisoners Sue for HCV Treatment
- Court Issues TRO Protecting Constitutional Right to Family Relationships, by David Reutter
- Moore Medical and Prison Industry Leaders Sign Agreements
- Georgia Sheriff Charged in Murder of Successor, by Lonnie Burton
- Deaths in Florida and Virginia Jails Spark National Investigations, by Gary Hunter
- Prison Population Growth Slows Dramatically in 2000
- Illinois Man Awarded $15 Million for 15 Years of Wrongful Imprisonment
- Texas Jail Chaplain Rapes Female Prisoners
- Texas Prisoner Wins $130,000 from Jail for Poor Care, Beatings
- Washington Malpractice Suits Allowed Against Defense Attorneys Despite Alford Plea
- $603,500 in Washington Jail Guard Discrimination Suit
- Wrongly Paroled Texas Prisoner Entitled to Street Time
- Prisoners at Private Federal Prison in California Strike Over Food, Medical Care, by Lonnie Burton
- Schenectady's Jail Strip Search Policy Unconstitutional
- $20,000 Settlement in Montana Jail Strip Search
- Resource Directories
- Deputy Causing Loss of Fingertip States Federal and State Claims
- PLRA Requires Sequential Fee Collection
- Frivolous Dismissal Reviewed Under Abuse of Discretion Standard
- Washington Court of Appeals Adopts Federal "Mailbox Rule"
- Colorado Parole Board Member Busted for Child Porn
- Sanction for Lawyers' Exposing Secret Wackenhut Sexual Abuse Settlement Upheld
- Texas Slavery Upheld Again
- Catalyst Theory Guts Fee Award in Texas Parole Case
- No Jurisdiction for Appeal When Qualified Immunity Not Denied
- No Jurisdiction for Interlocutory Appeal Over Medical Treatment
- Texas Prisoners Have No Absolute Right to Appear in Civil Cases
- No Qualified Immunity in Illinois Denial of Exercise Claim
- Illinois Contraband Law Revisited
- Qualified Immunity, Collateral Orders Not Reviewable on Interlocutory Appeal
- Interview by One Montana Parole Board Member Violates Due Process
- Tenth Circuit Says "Snitch" Label States Eighth Amendment Claim
- Religious Discrimination, Unsanitary Food Suit Denied Summary Judgment
- Alaska Filing Fee Statute Upheld
- Book Review: Dr. Melissa Palmer's Guide To Hepatitis Liver Disease, by Phyllis Beck
- Colorado Denial of Motion to Amend Complaint Reversed
- BOP Finger Amputation States Eighth Amendment Claim
- Alabama Jail Enjoined for "Uncivilized and Hazardous Conditions"
- PLRA Filing Fee Due for Each Separate Appeal
- Ninth Circuit Reverses Dismissal for Failure to Comply with Rules
- News in Brief
More from these topics:
- Florida DOC Rebuked for Seizing Prisoner’s Excessive Force Settlement to Cover Incarceration Liens, Sept. 1, 2026. Summary Judgment, Settlements, Seizure of Prisoner Funds, Trust Accounts, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026. Summary Judgment, Discovery, Abuse of Discretion Standard.
- 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.
- What 911 Calls Reveal About Jail Operations, Sept. 1, 2026. Systemic Medical Neglect, Statistics/Trends, Failure to Protect (General), Staffing, Staff Training.
- New Connecticut Law Changes PREA Standards, Sept. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Administrative Exhaustion, Prison Rape Elimination Act, State Legislation.
- $500,000 for Mentally Ill Detainee Beaten by Guard at Ohio Jail, Sept. 1, 2026. Guard Brutality/Beatings, Summary Judgment, Settlements, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- New York Ordered to Pay Prisoner $25,000 for Failing to Protect Him from Attack, Aug. 1, 2026. Failure to Protect (General), Defenses, Damages - Compensatory, Negligence/Reckless Endangerment, Deliberate Indifference.

