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Reliance Solely On Guard's Version of Incident Improper
Loaded on Oct. 15, 2005
published in Prison Legal News
October, 2005, page 32
In an unpublished decision, the U.S. Sixth Circuit Court of Appeals reversed the summary judgment dismissal of a prisoner's civil rights action against Michigan prison guards holding that the district court had erroneously relied on the guards' version of disputed fats.
Filed under:
False Charges (Disciplinary Hearings),
Guard Brutality/Beatings,
Restraints,
Civil Procedure,
Summary Judgment,
Qualified Immunity.
Location:
Michigan.
Robert L. Johnson, a Michigan state prisoner, claimed that …
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- Problems Mount In Maryland Prisons
- Bringing Down The Brotherhood
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- Oklahoma Civil Action Timely
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- California Lifer Claims Parole
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- Suit Implicates Washington DOC In Near-Fatal Collision, Drug Use Suspected, by Michael Rigby
- Report Details General Decline In Death Penalty Statistics For 2003, by Michael Rigby
- Reliance Solely On Guard's Version of Incident Improper
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- Parole Officers Not Absolutely Immune For Conduct Distinct From Parole Decisions
- Nevada Supreme Court Clarifies Personal Injury Exhaustion Requirements
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- PLRA Attorney Fee-Award Criteria "Directly Incurred" and "Degree Of Success" Explained
- Tennessee Pretrial Jail Credit Mandatory, Not Waivable
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- News in Brief:
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More from these topics:
- $700,000 Paid by West Virginia for Jail Death, Claims Against Wexford Health Pending, Oct. 1, 2026. Wexford Health Services, Restraints, Settlements, Excessive Force (Wrongful Death), Deliberate Indifference.
- 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.
- Tenth Circuit Vacates Award of Costs to Prison Officials, Revives Prisoner’s Claim Alleging Denial of Access to Functioning Toilets and Exposure to Other Prisoners’ Feces, Oct. 1, 2026. Plumbing, Sanitation, Summary Judgment, Costs, 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.
- San Francisco Jail Survey Exposes Abuse, Malnutrition and Constitutional Violations, Oct. 1, 2026. Failure to Protect (General), Food, Guard Brutality/Beatings, Attorney Visits, Pretrial Detention and Detainees.
- 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.
- Eleventh Circuit Reinstates Alabama Prisoner’s Excessive Prison Violence Claim, Oct. 1, 2026. Failure to Protect (General), Staffing, Security Systems, Summary Judgment, Deliberate Indifference.

