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Qualified Immunity Standards Tightened in Prison Murder Suit

Loaded on Jan. 15, 2004 by John E Dannenberg published in Prison Legal News January, 2004, page 32
Filed under: Gay/Lesbian, Conditions of Confinement, Failure to Protect (General), Qualified Immunity, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness). Location: California.
by John E. Dannenberg


The Ninth Circuit U.S. Court of Appeals brought its law of the Circuit into compliance with recent U.S. Supreme Court case law to add the additional test of "knowing unlawfulness" in Eighth Amendment prisoner claims where qualified immunity is raised as a defense by prison officials. ...

 

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  1. Prison Labor Fuels American War Machine, by Ian Urbina
  2. Verdict, Damages in Ohio Prisoner Disciplinary Case Reversed on Appeal
  3. From the Editor, by Paul Wright
  4. James Quigley November 9, 1950-October 7, 2003, by Paul Wright
  5. CCA Packs Positions With High-Profile Politicians, by Michael Rigby
  6. Two of Three Hawaii, Parole Board Members Resign, Shutting Board Down
  7. Invisible Punishment: The Collateral Consequences of Mass Imprisonment, by Silja JA Talvi
  8. $250,000 Settlement Paid to Seattle Jail Guard Assaulted by Released Prisoner
  9. Death at North Carolina Lock Up Spotlights Troubled Jail System, by Michael Rigby
  10. Santa Fe Guards Rape Prisoners, Neglect Kills Another, by Gary Hunter
  11. Massachusetts Jail Guards Assault Mentally Disabled Prisoner, by Michael Rigby
  12. New Iowa Law Creates Sex Offender Residency Zones
  13. No Presumption of Collateral Consequences from California Disciplinary Proceeding, by John E Dannenberg
  14. Seventh Circuit Remands § 1983 Medical Negligence Suit to State Court
  15. Private Transport Company Settles Female Prisoner's Sexual Assault Suit
  16. Kickbacks Dominate Fresno Jail Contracts, by Gary Hunter
  17. Frivolous Litigator Must Prepay Appellate Filing Fees
  18. California Habeas Handbook, 4th Edition, by John E Dannenberg
  19. $25,000 Awarded to Former New York Prisoner in Medical Malpractice Suit, by Lonnie Burton
  20. Pool Cue Not a Weapon, Says Second Circuit
  21. Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim, by John E Dannenberg
  22. Sentences Upheld for TransCor Driver Who Raped and Terrorized Prisoners
  23. New Hampshire Prison Commissary Surcharge Ruled an Illegal Tax, by John E Dannenberg
  24. Maryland Detainee Chained to Pole Awarded Damages, but No Fees
  25. Ohio Warrantless Arrestees Must Be Arraigned Within 48 Hours of Arrest
  26. First Circuit Applies Mailbox Rule to § 1983 Complaints
  27. Massachusetts Constitution Entitles Prisoners to Wear Kufi Caps
  28. Diet of Raw Cabbage and Food Loaf States Eighth Amendment Claim
  29. Bond Fees State Eighth Amendment Claim
  30. Successive Petition Habeas Rule in Parole and Disciplinary Cases
  31. Use of Pepper Spray States Eighth Amendment Claim
  32. Oregon Prisoner Stated Negligence Claim Concerning Lost Property
  33. Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus
  34. Immunity Granted to Wisconsin Sex Offenders in Treatment
  35. Alabama Highway Labor Kills Three Prisoners, Three More Injured
  36. County Liable for Sheriff's Failure to Remove Invalid Warrant From Computer
  37. Supreme Court Upholds Federal Tolling Statute; $80,000 Verdict Reinstated
  38. Wisconsin Prisoners' Riot Charges Expunged From Records
  39. $124,000 Awarded in New York Prison Bus Crash
  40. U.S. Parole Law Amendment Ruled Ex Post Facto as Applied, by John E Dannenberg
  41. Qualified Immunity Standards Tightened in Prison Murder Suit, by John E Dannenberg
  42. No Constitutional Right to Privacy for Naked Woman Arrestee
  43. Administrative Exhaustion Required in Pre-PLRA BOP Phone Suit
  44. News in Brief
  45. Evidentiary Hearing Required to Determine Communion Service Frequency

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