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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 …
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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:
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- Oklahoma Supreme Court: Jail Trust Cannot Withhold Requested Records under Law Enforcement Exemption of ORA, May 1, 2026. Summary Judgment, Disclosure of Records, Public Records, Public Records Act, Statutory Construction/Interpretation.
- $1.25 Million Paid for Special Needs Teen’s Fatal Beating in Houston Jail, May 1, 2026. Prisoner-Prisoner Assault, Failure to Protect (General), Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Cruel and Unusual Punishment.
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.
- Indiana DOC Found in Violation of State Public Records Act for Withholding Execution Drug Cost Information, May 1, 2026. Summary Judgment, First Amendment, Public Records Act, Interlocutory Appeals, Lethal Injection Method of Execution.
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026. Conditions of Confinement, Money/Property, Bail/Pretrial Release, Civil Rights Actions or Offenses/Bivens Actions, Plea Agreements/Guilty Pleas.
- “Large Fight” Broke Out at Alaska Prison After Downsizing Effort, April 1, 2026. Transfers, Cost of Prison Systems, Totality of Conditions, Failure to Protect (General), Overcrowding.
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- Eighth Circuit Revives Lawsuit Over Iowa Jail Detainee’s Suicide, April 1, 2026. Summary Judgment, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides.
- Five Prisoners in Georgia Injured in Fight, Two Months After Three Prisoners Were Killed, April 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Staffing.

