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Qualified Immunity Denied to Supervising Driver's License Examiner in Oklahoma Prisoner's Rape
Loaded on Jan. 15, 2005
by David Reutter
published in Prison Legal News
January, 2005, page 20
by David M. Reutter
Filed under:
Work Release,
Staff-Prisoner Assault,
Work,
Prison Labor,
Qualified Immunity.
Location:
Oregon.
The Tenth Circuit Court of Appeals has held that a state driver's license examiner who exercised supervisory control over a prisoner acted as a state actor and can be held liable for raping her. Pamela Smith, a former prisoner of Oklahoma's Tulsa Community Correction Center (TCCC), …
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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
More from David Reutter:
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026
- Nevada Prisoners, Families Call Out Predatory Tablet Program, Sept. 1, 2026
- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026
- Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies, Aug. 1, 2026
- Michigan Appeals Court: Witnesses Cannot be Forced to Wear Jail Clothes at Trial, Aug. 1, 2026
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
More from these topics:
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026. Failure to Treat, Infections, Qualified Immunity, Fourteenth Amendment, rights, Deliberate Indifference.
- Sixth Circuit: Qualified Immunity Granted to Guard in Delayed Treatment for Prisoner who Suffered Heart Attack, Oct. 1, 2026. Pain, Cardiovascular, Failure to Treat, Qualified Immunity, Deliberate Indifference.
- Ninth Circuit Rules Favorably for Washington Prisoner Whose Writing Submission Was Censored, Oct. 1, 2026. Retaliation, Qualified Immunity, Mail Regulations, Censorship, First Amendment, rights.
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026. Qualified Immunity, Sovereign Immunity, Failure to Protect (Wrongful Death), Suicides, Deliberate Indifference.
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026. Staff-Prisoner Assault, Qualified Immunity, Fourteenth Amendment, rights, Pretrial Detention and Detainees, Wrongful Use of Force.
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Failure to Train/Supervise, Monell Liability.
- Second Circuit Rules Eighth Amendment Governs Claims of Excessive Force Brought by Parole Violator, Oct. 1, 2026. Eighth Amendment, Excessive Force, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Probation, Parole & Supervised Release.
- L.A. County Begins Making Nearly $5 Billion in Payouts to Survivors of Sex Abuse in Juvenile Detention, Sept. 1, 2026. Sexual Assault, Staff-Prisoner Assault, Prisoner-Prisoner Assault, Guard Misconduct, Jail Misconduct, Settlements, Juvenile Offenses/Offenders.
- Wave of Staff Arrests Exposes Persistent Misconduct at South Carolina Jail, Sept. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Guard Brutality/Beatings, Obstruction of Justice.
- $100,000 Paid to Five Prisoners Assaulted by Centurion Gynecologist at Florida Lockup, Sept. 1, 2026. Staff-Prisoner Assault, Prison Rape Elimination Act, Contractor Liability, Monell Liability, Deliberate Indifference.

