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Ninth Circuit Reexamines Standards for Qualified Immunity at Summary Judgment Stage in California Shooting Case
Loaded on May 15, 2003
by John E Dannenberg
published in Prison Legal News
May, 2003, page 29
by John E. Dannenberg
Filed under:
Racial Discrimination,
Prison Rebellion,
Excessive Force,
Shootings,
Summary Judgment,
Appeals,
Qualified Immunity,
Supervisory Liability.
Location:
California.
Amending its earlier decision at 240 F.3d 845 [PLN, June `01], the US Court of Appeals for the Ninth Circuit clarified the evaluation of qualified immunity claims by prison officials at the summary judgment state of a prisoner's Eighth Amendment excessive force civil rights complaint.
Donnell …
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More from this issue:
- Federal Legal Standards for Prison Medical Care, by Daniel E. Manville
- When Prison Officials Don't Respond Administrative Remedies Are Exhausted
- Texas Parole Officer Hires Parolee for Murder, by Gary Hunter
- From the Editor, by Paul Wright
- CCA Pays $54 Million to IRS and Settles Gender Discrimination Complaint
- The Parents' Project: Parent-Child Prison Visitation Issues Raised by Bazzetta, et. al. v. McGinnis, et. al., by Denise Johnston
- Erroneously Released Texas Prisoner Has Right to Street Calendar Time
- No Escape: Male Rape in U.S. Prisons: A Human Rights Watch Report by Joanne Mariner, by Alex Coolman
- Writing to Win, by John E Dannenberg
- Eighth Circuit Reverses Dismissal of Prisoner's Hepatitis C Treatment Claim
- Texas Prison Guard Charged with Raping Male Prisoner; Prisoner Files §1983 Complaint
- Ohio Supreme Court Orders Changes in Parole Board Procedures, by Robert Woodman
- California Pays $1.1 Million in Prison Sexual Harassment Suits
- No Qualified Immunity Defense for Florida Beatings, by David Reutter
- Washington Prisoner L & I Statutes Struck Down
- Twenty Years for Flinging Feces on Texas Guards
- Injury Report Satisfies Texas Tort Claims Actual Notice Requirement
- BOP Communion Wine Ban Challenged, by David Reutter
- Psychologist Not Qualifiedly Immune in Prisoner Suicide Suit, by John E Dannenberg
- Texas Guard's Conviction Reversed
- BJS Summarizes State Sex Offender Registries
- No Right to Artificial Insemination, by John E Dannenberg
- Texas Pro Se Litigant Entitled to Notice of Hearing
- ADA Liability Extends to New Jersey County Jail and Vicinage
- Dismissal for Failure to Allege Physical Injury Improper
- Head of Counsel for Texas Prisoners Fired
- Third Circuit Upholds $100,000 Damages Award to Assaulted Pennsylvania Prisoner
- Prisons Experience Outbreaks of Infectious Disease, by Michael Rigby
- Ninth Circuit Reexamines Standards for Qualified Immunity at Summary Judgment Stage in California Shooting Case, by John E Dannenberg
- San Mateo County Sues California Jail Phone Service Providers
- Kosher Diets for Prisoners Upheld in Tenth Circuit, by Bob Williams
- Exceptions Made To PLRA Exhaustion Requirement; Discovery Allowed, by John E Dannenberg
- Wisconsin Lacks Authority Over Funds of Out-of-State Prisoners
- Disciplinary Boards are not "State Courts" Under AEDPA
- Prison Population Continues to Grow
- News in Brief
More from John E Dannenberg:
- California’s “Realignment” Law Sends 38,000 State Prisoners to County Control, Aug. 11, 2016
- Pennsylvania Prisoner Gets $12,500 in Retaliation Suit After Remittitur, Jan. 15, 2010
- Nebraska Muslim Prisoner Wins Religious Concessions, April 15, 2009
- Illegal Strip Searches During Minor Charges Net Sacramento Jail Detainees $1,000 Each, May 15, 2007
- California: Knowing Waiver of Conduct Credits at Plea Agreement Controls Upon Later Probation Violations, May 15, 2007
- Arizona Internet Ban Permanently Enjoined, May 15, 2007
- California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity, May 15, 2007
- California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns, May 15, 2007
- PLN Wins FOIA Suit to Gain Copies of BOP Verdicts and Settlements without Charge, Sept. 15, 2006
- Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights, Sept. 15, 2006
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.
- New Commission to Investigate Death and Abuse of 230 Black Children at Segregated Maryland Reformatory, Sept. 1, 2026. Racial Discrimination, Prison Labor, Medical Neglect/Malpractice, Excessive Force (Wrongful Death), Juvenile Prisons.
- $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.
- Detainees Overpower Guards to Take Control of a North Carolina Jail, Aug. 1, 2026. Prison Rebellion, Overcrowding, Staffing, Security Systems, Assaults on Staff.
- Seventh Circuit Upholds Summary Judgment Against Former Illinois Prison Guards Challenging Termination for Violating Use of Force Policy, Aug. 1, 2026. Guard Misconduct, Pepper Spray/Tear Gas, Summary Judgment, Employee Litigation, Vagueness/Overbreadth.

