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Supreme Court Holds No Immunity for Alabama Hitching Post
Loaded on Nov. 15, 2002
by David Reutter
published in Prison Legal News
November, 2002, page 6
Filed under:
Chain Gangs,
Eighth Amendment,
Water,
Excessive Force,
Restraints,
Qualified Immunity.
Location:
Alabama.
by David M. Reutter
The U.S. Supreme Court has reversed an Eleventh Circuit Court of Appeals ruling that held government officials are entitled for qualified immunity unless there exists previous case law that is "materially similar" to the facts at issue. The Supreme Court held that there need only exist ...
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More from this issue:
- Prisoners, Politics, Money and the Census, by Gary Hunter
- Supreme Court Holds No Immunity for Alabama Hitching Post, by David Reutter
- Attorney Ghost Writing Must Be Disclosed
- The Parents' Project Advocacy for Incarcerated Fathers: What's Missing?, by Denise Johnston
- From the Editor, by Paul Wright
- Michigan Visiting Ruling Upheld
- A Sentence of Their Own, by Hans Sherrer
- New York's Revised "Son of Sam" Law Leads to $100 Million Verdict Against Cop Killer, by Lonnie Burton
- Illinois Jail Guards Acquitted in Killings; California Jail Guard Acquitted in Beating
- $275,000 Awarded in Stun Belt Settlement
- No Fundamental Right to Fee Waiver for Civil Rights Action
- Bureau of Justice Statistics Analyzes Parole Trends
- Virginia Sheriff Investigated for Misuse of Prisoner Funds, by Lonnie Burton
- Pennsylvania Jail Settles Retaliation Suit for $10,000
- Escapes Plague Texas Jails, by Gary Hunter
- PLRA Attorney Fee Cap and Local Cost Recovery Rules Upheld in New York Hepatitis C Case, by John E Dannenberg
- Texas Extends 6th Amendment Right to Prisoners: Confidential Attorney Calls Allowed
- Ingram v. Scott Reversed: TDCJ-ID in Compliance with Section 501.008
- Settlement Agreement Reached in Wisconsin Supermax Suit, by John E Dannenberg
- $32,500 Florida Jail Accident Settlement
- PLRA Attorney Fee Cap Applies to Fees on Fees, by John E Dannenberg
- $1 Damages and $1.50 Attorney Fees in Guard Brutality Suit, by John E Dannenberg
- New York Prisoner's Denial of Exercise Claim Set for Trial
- Washington Pretrial Detainees Have Right to Access Courts
- District Court Sets Prisoner's "Deliberate Indifference" Hepatitis C Claims for Trial
- Prison Disciplinary Boards Not "Courts" for Habeas Corpus Purposes
- Prison Guards Can Be Liable for Prisoner Suicide
- Administrative Exhaustion Required But Unprejudiced; Dismissal and Equitable Tolling, by Gary Hunter
- Defendants' Convenience Justifies Transfer of Venue
- Plaintiff's Disability Impacts Venue
- Advocacy Groups Challenge Arizona Internet Communications Ban
- Judge Approves $9.6 Million Settlement in DC Jail Employees' Sexual Harassment Suit, by Lonnie Burton
- News in Brief
- Mexico Bars Extradition of Criminals Facing Life Sentences
More from David Reutter:
- Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of Appeals, April 15, 2025
- Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises, April 15, 2025
- Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, April 1, 2025
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
More from these topics:
- Third Circuit Denies Qualified Immunity to Pennsylvania DOC in Prisoner’s Challenge to 26 Years of Solitary Confinement, May 1, 2025. Qualified Immunity, Control Units/SHU/Solitary Confinement.
- Three Former Virginia Jailers Charged After Detainee Dies in “WRAP” Restraint, April 1, 2025. Guard Misconduct, Restraints, Excessive Force (Wrongful Death).
- Eighth Circuit: Arkansas Prisoner Who Had Consensual Sex With Guard Cannot Sustain Eighth Amendment Claim, April 1, 2025. Eighth Amendment.
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025. Eighth Amendment, Felon Disenfranchisement Statute.
- Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Jailers Who Ignored Detainee’s Spider Bite, March 1, 2025. Failure to Treat, Qualified Immunity, Immunity - Absolute and Qualified.
- $100,000 Settlement Reached in New York Prisoner’s Solitary Confinement Suit, After Jury for First Time Finds Practice Violates Eighth Amendment, March 1, 2025. Eighth Amendment, Settlements, Control Units/SHU/Solitary Confinement.
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025. Videotaping, Guard Brutality/Beatings, Restraints, Summary Judgment, Physical Injury/Restraint.
- Seventh Circuit Offers Wisconsin Prisoner Just a Little Help in Suit Alleging He Was Held in Feces-Stained Cell Without Water, Feb. 15, 2025. Sewage, Water, Sanitation, Summary Judgment.
- Eighth Circuit Affirms Denial of Qualified Immunity to Missouri Guards in Transgender Prisoner’s Suit Alleging Retaliation and Unreasonable Search, Jan. 15, 2025. Guard Misconduct, Retaliatory Searches, Qualified Immunity, Discrimination (Transgender), Immunity - Absolute and Qualified.
- Video of Autistic Ohio Teen’s Jail Death Undercuts Sheriff’s Report Calling It Suicide, Jan. 15, 2025. Disabled Prisoners, Videotaping, Restraints, Wrongful Death, Suicides, Juvenile Offenses/Offenders.