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Qualified Immunity Granted for Warrantless Parole Search
Loaded on Dec. 15, 2004
published in Prison Legal News
December, 2004, page 35
The Second Circuit Court of Appeals held that parole officers' warrantless entry into a homeowner's residence was per se unreasonable and violated the homeowner's Fourth Amendment right to be free from unreasonable searches. The court further held, however, that the officers were entitled, under the "special needs" doctrine and state ...
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More from this issue:
- Business as Usual, by Todd Matthews
- Death Exposes Inadequate Mental Health Care in Oregon Prisons, by Mark Wilson
- PAMII Requires Records Release in Connecticut Prisoners' Deaths
- CMS Must Pay $1.75 Million in Illinois Jail Suicide, by John E Dannenberg
- Exculpatory Evidence Must Be Disclosed at Prison Disciplinary Hearing, by David Reutter
- From the Editor, by Paul Wright
- Wisconsin County Settles Negligent Death Claim for $1.2 Million
- Pro Se Tips and Tactics: The Pro Se Complaint, by Daniel E. Manville
- California Prisons' Joint-Venture Program Under Statewide Court Injunction, by John E Dannenberg
- New York Prisoner Informant Awarded $7.65 Million In Failure-To-Protect Suit, by Michael Rigby
- California Parole Board Must Vacate Parole Denial And Give Lifer New Hearing, by John E Dannenberg
- Private Capitol Punishment: The Florida Model, by David Reutter
- New York City: Thousands Unnecessarily Imprisoned at Enormous cost
- Judge Barkett Dissents from Expansion of "In Custody" Meaning for PLRA purposes
- Washington Supreme Court Rejects Federal Mail-Box Rule
- Washington Prison Labor Program Struck Down, by Paul Wright
- Guards Fornicate, Sell Drugs in Pennsylvania Jails
- Vermont Auditor's Report Blasts CCA and CMS, by David Reutter
- Abuse, Torture and Rape Reported at Unlisted U.S.-Run Prisons in Iraq, by Lisa Ashkenaz Croke
- Iowa Sex Offender Residence Restrictions Unconstitutional
- Untimely Grievances Satisfy PLRA; $70,000 Beating Verdict Upheld
- California Lifer Parole Rescission Upheld On One Of Five Grounds Alleged; Federal Ex Post Facto Appeal Is Moot, by John E Dannenberg
- Illinois Appeals Court Reinstates Prisoner's Telephone Disconnect Suit
- Nevada Prisoner Killed in Rec Yard Riot
- Wisconsin District Court Reversed; PLRA Fee Limits Constitutional, Says Seventh Circuit
- "Therapeutic Seclusion" of Civilly Committed Sex Offenders Contrary to Professional Judgment, by David Reutter
- New Jersey Vegetarian Meals Satisfy Halal Dietary Obligations, by John E Dannenberg
- BOP Fires Prison Guard Accused of Rape, Attempted Murder
- Qualified Immunity Granted for Warrantless Parole Search
- Hermaphroditic Wyoming Prisoner Awarded $1,000 for 14 Months in Solitary
- New York Prison Officials Denied Qualified Immunity in Revoking Prisoner's Temporary Release
- Florida's $4 Administrative Processing Fee for Prisoner Banking Fees Challenged, by David Reutter
- Punitive Transfer After Winning Administrative Appeal Is Actionable, by John E Dannenberg
- International Red Cross Suspects U.S. Hiding Foreign Detainees
- Arrestee Cannot Be Charged With Bringing Drugs Into Jail
- News in Brief
- Seventh Circuit Invalidates Wisconsin News Clippings Ban
- Prisoner Lawsuits Not Subject to Heightened Pleading Standard in Seventh Circuit
- Jury's $108,000 Verdict in New York Prisoner's Medical Claim Vacated
- Oklahoma Family Buries Wrong Man
More from these topics:
- Washington Court of Appeals Clarifies ‘Nexus’ Standard Authorizing Warrantless Searches of Parolees and Probationers, Sept. 1, 2024. Parole/Probation Searches, Nexus between crime and property, Warrantless Searches.
- Ninth Circuit Announces That Asking About Parole Status During Traffic Stop Does Not Violate Fourth Amendment, July 15, 2024. Parole/Probation Searches, Parole Searches.
- Third Circuit Denies Qualified Immunity to Pennsylvania Jail Guards and PrimeCare in Detainee’s Overdose Death, July 1, 2024. Primecare Medical, Drug Overdose, Qualified Immunity, Medical Neglect/Malpractice.
- Eighth Circuit Largely Restores Qualified Immunity to Minnesota Jail Guards in Use of Force on Bipolar Prisoner, July 1, 2024. Guard Brutality/Beatings, Qualified Immunity, Immunity - Absolute and Qualified.
- Eighth Circuit Says Lower Court “Tilted the Scales Too Far” for Jailers in Missouri Detainee’s Fatal Overdose, May 1, 2024. Drug Overdose, Qualified Immunity.
- Qualified Immunity Denied to Former New Mexico Warden in Prisoner’s Sexual Abuse Claim, May 1, 2024. Staff-Prisoner Assault, Discovery, Qualified Immunity, Supervisory Liability, Immunity - Absolute and Qualified.
- Second Circuit Grants New York Officials Qualified Immunity for Prisoner’s Stolen Sentence Credits, May 1, 2024. Education, Good Time, Overdetention, Qualified Immunity.
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024. Guard Misconduct, Failure to Treat, Jail Specific, Qualified Immunity, Medical Neglect/Malpractice, Immunity - Absolute and Qualified, Deliberate Indifference.
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024. Guard Misconduct, Seizures, Failure to Treat, Drug Overdose, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference.
- Eighth Circuit Affirms Qualified Immunity for Missouri Prison Chief in Sexual Abuse Claims Against Former Guard, April 1, 2024. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Immunity - Absolute and Qualified.