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Sixth Circuit Upholds Denial of Prison Doctor's Qualified Immunity
Loaded on Oct. 15, 2002
published in Prison Legal News
October, 2002, page 29
The Sixth Circuit Court of Appeals has upheld denial of qualified immunity to a state prison doctor by the Federal District Court in Michigan. Richard LeMarbe is a Michigan state prisoner. In 1996, he was treated for chronic gallbladder problems by Dr. Jerome Wisneski, a general surgeon. Two days after …
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More from this issue:
- Into the Twilight Zone, by Mumia Abu-Jamal
- From the Editor, by Paul Wright
- Represent Yourself in Court: How to Prepare & Try a Winning Case, 3rd Ed., by Sam Rutherford
- Supreme Court Upholds Forced Confessions in Kansas Sex Offender Treatment, by Bob Williams
- CMS Overdoses Five Boston Jail Prisoners
- Danish Security Firm Buys Out the Wackenhut Corporation
- Washington Good Time Depends on When Crime Occurred
- Supreme Court: No Punitive Damages Allowed Under RA and ADA
- German Economics Minister Comments on U.S. Prison Labor
- Credit for Time Served Required in Idaho Commute to Work Release
- Habeas Hints: Editor's Choice, by Kent Russell
- Exoneration of Conviction a Prerequisite to Legal Malpractice Claim in California
- Attorney Fee Award Upheld in Washington Excessive Force Case
- Exhaustion Not Mandatory for Kansas Habeas Petitioners; Retained Counsel at Disciplinary Hearings is Discretionary
- Washington District Court Grants Preliminary Injunction for Kosher Meals
- California Prison Law Libraries Survive
- Guards at New York Juvenile Center Charged with Extortion
- New York Guards Sentenced in Animal and Prisoner Killings, by Lonnie Burton
- Texas Sex Slave Sues Prison System for Failure to Protect
- Remand to Determine if TDCJ Grooming Policy Unconstitutional
- Connecticut District Court Orders Post-Judgment Monitoring Fees
- Ball Park Franks Fiasco: 21 Dead, $200,000 Fine, by Russell Mokhiber
- Honolulu Police Officers Indicted in Jail Food Scandal
- Summary Judgment Denied in Colorado Hepatitis-C Treatment Suit Based on Lack of Internet Access, by Bob Williams
- All Things Censored by Mumia Abu Jamal, by Gary Hunter
- Jailers Liable for Foreseeable Prisoner Suicide
- Florida Prisoner Dies in CCA Jail, by Lonnie Burton
- Ohio Nearly Closes 100 Year Old Asylum/Prison, by Gary Hunter
- Georgia Lawmaker Indicted for Aiding Prisoner Transfer, by Lonnie Burton
- Oklahoma Rejects Prisoner Mail Box Rule
- Sixth Circuit Upholds Denial of Prison Doctor's Qualified Immunity
- Nominal Damages Not Automatic
- News in Brief
- Mexican Sweatshops Go Behind Bars, by Michael Rigby
More from these topics:
- ICE Stops Reporting Deaths of Recently Released Detainees, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Immigration Law/Offenses, Civil Rights Actions or Offenses/Bivens Actions.
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- Louisiana’s Atavistic Approach to Criminal Sentencing and Parole Demonstrates Politicians’ Failure to Learn from Past Mistakes, July 1, 2026. Medical, Conditions of Confinement, Sentencing, Parole, Prisoners' Rights.
- BOP Ordered to Restart Gender Affirming Care for Trans Prisoners, July 1, 2026. Medical, Conditions of Confinement, Administrative Exhaustion (PLRA), Transgender.
- $3.25 Million Verdict in New York Against Jail Medical Profiteer Armor Health, July 1, 2026. Private Prisons, Misconduct/Corruption, Medical, Conditions of Confinement, Civil Rights Actions or Offenses/Bivens Actions.
- Federal Conviction, Guilty Pleas for Jail Guards Responsible for Oklahoma Detainee’s Death, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Excessive Force, Civil Rights Actions or Offenses/Bivens Actions.
- $1 Million Settlement Reached in Jail Suicide of Maryland Detainee Whose Emergency Hospitalization Order Was Ignored, June 1, 2026. Qualified Immunity, Failure to Protect (Wrongful Death), Suicides, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Sixth Circuit Rules Prisoner Held After Parole Board Ordered Release on Parole Could Not State a Rights Violation Claim, June 1, 2026. Parole, Overdetention, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.
- 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.
- $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.

