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Prisoner Stated Deliberate Indifference Claim, But Summary Judgment Denial Reversed
Loaded on Jan. 15, 2005
published in Prison Legal News
January, 2005, page 40
Prisoner Stated Deliberate Indifference Claim, but Summary Judgment Denial Reversed
Filed under:
Civil Procedure,
Summary Judgment,
Complaints,
Appeals,
Discovery,
Qualified Immunity.
Location:
Michigan.
In a case with a long, unusual procedural history, the U.S. Sixth Circuit Court of Appeals affirmed a federal district court's denial of prison officials' motion to dismiss for failure to state a claim in a prisoner's civil rights complaint …
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More from this issue:
- Florida's Private Prison Industry Corporation Under Siege, by David Reutter
- Is There A Winning Argument Against Excessive Rates For Collect Calls From Prisoners?, by John E Dannenberg
- Prison Needle Exchanges Around the World, by Julie Falk
- Latest Honduran Prison Massacre: "Homies Were Burning Alive", by Tom Hayden
- Texas "Gang Expert" Indicted for Sex Assaults
- Ex-Rikers Island Chief Indicted
- From the Editor, by Paul Wright
- Massachusetts Court Enjoins Sheriff from Charging Jail Prisoners Assorted Fees, by Michael Rigby
- Don't Build It Here - The Hype Versus the Reality of Prisons and Local Employment, by Clayton Mosher
- Washington Jail Settles Wrongful Death Suit For $1.6 Million, by Michael Rigby
- California Initiative To Soften "3-Strikes" Law Defeated; DNA Collection From Arrestees Approved
- Washington Prison's Water System and Meat Contaminated With Feces, by Roger Smith
- Qualified Immunity Denied to Supervising Driver's License Examiner in Oklahoma Prisoner's Rape, by David Reutter
- New York Prisoner's Retaliation Suit Remanded for Trial
- HIV Is Occupational Disease for Connecticut Prison Guards
- DNA Profiling of Conditionally Released Federal Offenders Upheld, by John E Dannenberg
- Los Angeles Voters Reject 5,000 More Cops; Invest In Clear Ocean Instead, by John E Dannenberg
- Washington ISRB Departure From Standard Sentencing Range Upheld
- Misidentification Requires Washington Jail Officials Take Reasonable Steps to Confirm Identity
- Texas Supreme Court clarifies Procedures For Civil Court Prisoner Appearances
- Uprisings at CCA Prisons Reveal Weaknesses in Out-of-State Imprisonment Policies
- Colorado DOC Report: CCA At Fault for Crowley Uprising
- City Settles In Death of Prisoner at CCA-Operated Tulsa Jail
- Kansas Supreme Court Upholds Gift Subscription Ban
- Non-Contact Visits for Pennsylvania Sex Offenders Upheld
- Total Confinement: Madness and Reason in the Maximum Security Prison, by David C Fathi
- Gang Validation in Retaliation for Filing Grievances Is Actionable, by Marvin Mentor
- Verdict for Other Defendants Cannot Negate Jury Question of Warden's Liability in Transsexual's Assault, by John E Dannenberg
- Illinois ETS Injury Claim Allowed To Proceed; Out-of-State Legal Materials Ordered Provided, by John E Dannenberg
- Public and Press Have First Amendment Right to Access Court Docket Sheets, by David Reutter
- Prisoner Stated Deliberate Indifference Claim, But Summary Judgment Denial Reversed
- Verdict for Other Defendants Cannot Negate Jury Question of Warden's Liability in Transsexual's Assault
- News in Brief
- Arizona Adopts Favorable Termination Rule in Attorney Malpractice Suits
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- 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.
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- $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.
- 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.
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.