×
You've used up your 3 free articles for this month. Subscribe today.
Disputed Material Facts in Failure to Protect Suit Preclude Interlocutory Appellate Review
Loaded on Sept. 15, 2002
published in Prison Legal News
September, 2002, page 26
The Sixth Circuit Court of Appeals has ruled that it is without jurisdiction to hear an interlocutory appeal on qualified immunity issues where material facts are in dispute. The Court of Appeals let stand most of a district court's denial of qualified immunity to Ohio Department of Rehabilitation and Correction …
Filed under:
Conditions of Confinement,
Failure to Protect (General),
Appeals,
Qualified Immunity,
Failure to Protect (Transgender).
Location:
Ohio.
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:
- Boot Camp or Boot Hill? Troubled Teens Suffer From Too Much Tough Love, by Roger Hummel
- Audit Shows Folsom Prison Mismanaged, by Gary Hunter
- From the Editor, by Paul Wright
- From the Editor, by Willie Wisely
- Sixth Circuit Rules PLRA 150% Fee Cap Constitutional
- California Prisoners Remanded to Jail for Resentencing Do Not Accrue Jail Behavior Credits
- California Prisoner Gets New Heart, by Gary Hunter
- BOP Prisoner Awarded $900 in Van Accident
- 7-up To Pull TV Ad Under Pressure from Human Rights Groups
- Lessons From the Law, by Mumia Abu-Jamal
- The High Cost of Prosecuting Capital Crimes
- Girls Sue Alabama Juvenile Prison for Abuse
- CYA Suit Alleges Abuse of Juveniles, by Anne Mania
- U.S. Supreme Court: No Death Penalty for Retarded; Juries Must Impose Death Sentence, by David Zuckerman
- PLRA Allows California Religious Preliminary Injunction, by David Reutter
- Georgia Prison Guards Caught in Bondage Videos
- Connecticut Retroactive Application of 85% Rule Violates Ex-Post Facto
- Then They Came for the Lawyers: The Persecution of Lynne Stewart
- Supreme Court: "Reasonable Attempt" Suffices Absent Actual Notice of Forfeiture, by John E Dannenberg
- 9-11 Prompts New Regulations for Prisoner Airline Transports
- Washington Prisoners Sue DOC for Extortion, Mail Fraud, Criminal Profiteering and Racketeering
- Louisiana's Administrative Remedy Procedure Unconstitutional
- Hemorrhoids: A Serious Medical Condition
- Massachusetts Supreme Court Upholds Ban on Prisoner PAC
- Multiple Prisoners Proceeding IFP Must Pay Separate Filing Fees
- Ohio District Court Grants TRO on Grooming Regulations
- Disputed Material Facts in Failure to Protect Suit Preclude Interlocutory Appellate Review
- Microsoft Demands $1.5 Million from Texas Prison System for Software Violations
- No Qualified Immunity for Guards Who Failed to Provide CPR
- $287,500 Awarded in Texas Jail Rape
- Florida Guard's Threat of Death Requires Summary Judgment Denial
- Dental Care Denial Defeats Summary Judgment
- Washington Sex Offender Therapist Fired for Sex Related Misconduct
- News in Brief
- Death Row Prisoners Volunteer to Die
- Review: The Criminal Law Handbook, 3rd Edition
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.
- $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.
- 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.
- 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.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- Georgia Grand Jury Scolds Augusta Jail for Overcrowding Days Before Violent Detainee Assault, March 1, 2026. Private Contractors, Failure to Protect (General), Overcrowding, Staffing, Failure to Treat (Mental Illness).

