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U.S. Supreme Court Recedes from Saucier’s Mandatory Provisions for Determining Qualified Immunity Claims

Loaded on Sept. 15, 2009 by David Reutter published in Prison Legal News September, 2009, page 42
Filed under: Searches, Police Searches, Qualified Immunity. Location: Utah.
by David M. Reutter

The U.S. Supreme Court has retreated from a mandatory procedural practice for resolving government officials’ qualified immunity claims, leaving it to the discretion of lower courts as to which prong of the test to apply as required by the facts of the case.

At issue was …

 

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  1. Anatomy of the Modern Prisoners’ Rights Suit: A Practitioner’s Guide to Successful Jury Trials on Behalf of Prisoner-Plaintiffs*, by Alphonse A. Gerhardstein
  2. From the Editor, by Paul Wright
  3. Innocent Georgia Man Receives $500,000 as Compensation for Rape Conviction
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  5. Why False Imprisonment Recoveries Should Not Be Taxable, by Robert Wood
  6. Texas’ Parole Condition X Violates Due Process, by Gary Hunter
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  8. Using Chemical Agents on Mentally Ill Prisoners Unconstitutional, by David Reutter
  9. Audit Finds California Prison Receiver Broke State Law by Making No-Bid Contracts with Verizon, by Michael Brodheim
  10. Fifth Circuit Upholds $14 Million Award Against Louisiana DA’s Office in Wrongful Conviction Suit; Affirmed by En Banc Ruling, by Matthew Clarke
  11. Third Circuit Upholds Pennsylvania DOC Policy Requiring Control Number for Legal Mail, by David Reutter
  12. Third Circuit Upholds Ban on UCC Materials; Sixth Circuit Disagrees, by Brandon Sample
  13. Working in Legal Field Not Prohibited While on Federal Supervised Release
  14. Prisoners Not Evacuated, Parolees Rounded Up as Hurricanes Hit, by Gary Hunter
  15. Contraband Smuggling by Texas Prison Guards Rarely Punished Harshly, by Matthew Clarke
  16. Oklahoma Prisoner Beaten to Death After Celled with Co-Defendant He Testified Against
  17. California Lifers’ New Litigation Tool: DA’s “Opinion” and Governor’s “Belief” Do Not Constitute “Evidence” in Parole Denial Cases, by Marvin Mentor
  18. Notice Required for Rejected Packages BOP Warden Denied Qualified Immunity, by Brandon Sample
  19. Organ Harvesting In China Prison Goes High Tech, by Gary Hunter
  20. Former Oklahoma Sheriff Convicted of Sex Crimes Now Where to Put Him?
  21. Federal Three-Judge Panel Orders California To Reduce Prison Population By 44,000 Prisoners Within Two Years, by Marvin Mentor
  22. New York’s Correction Law § 24 Held Unconstitutional by US Supreme Court, by Brandon Sample
  23. $25,000 Award to Utah Muslim Prisoner Attacked by Death Row Prisoner Following 9/11
  24. FBI And States Expand Collection Of DNA To The Innocent, by Brandon Sample
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  26. Washington States Passes New Law for Automatic Restoration of Voting Rights, by Eric Nygren
  27. Philadelphia Tax Break for Hiring Ex-Prisoners a Bust
  28. U.S. Supreme Court Recedes from Saucier’s Mandatory Provisions for Determining Qualified Immunity Claims, by David Reutter
  29. California: Parole Board’s Policy Barring Friendly Oral Witness Testimony At Lifer Hearings Ruled An “Underground Regulation”, by Marvin Mentor
  30. $3.75 Million Settlement for Orange County, California, Jail Detainee Severely Beaten by Prisoners
  31. Violence on the Rise in Arizona Prisons, by David Reutter
  32. Maryland Prisoners Receive Kosher Food, by Brandon Sample
  33. From the Bottom of the Heap: The Autobiography of Black Panther Robert Hillary King, Oakland, CA: PM Press (2009) $24.95 hardback, 217 pages, by Mel Motel
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  39. California Prison Still Subpar, Grand Jury Finds
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  41. $1,000 Jury Award to Beaten Missouri Prisoner

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