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Former Kansas Prisoner’s Sexual Misconduct Suit Overcomes Qualified Immunity
Loaded on Feb. 15, 2014
published in Prison Legal News
February, 2014, page 42
The Tenth Circuit has affirmed the denial of qualified immunity to a warden in a civil rights action that alleged he created and allowed a policy or culture of sexual misconduct and failed to take reasonable measures to abate that culture of sexual misconduct at a Kansas women’s prison.
Filed under:
Sexual Assault,
Staff-Prisoner Assault,
Guard Misconduct,
Qualified Immunity.
Location:
Kansas.
The …
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More from this issue:
- Violence, Security Lapses and Media Attention Lead to Reforms at Georgia Prison, by David Reutter
- From the Editor, by Paul Wright
- Prison Phone Justice Campaign: Recent Developments
- Bankruptcy Injunction Covers Pre-petition Incarceration Costs, but Not Those that Accrue Afterwards
- What Are the Odds of Complete Reversal After Conviction in the Second Circuit?, by Peter Schmidt
- The Effects of Private Prison Confinement in Minnesota on Offender Recidivism
- Confronting Prison Slave Labor Camps and Other Myths, by James Kilgore
- Ninth Circuit: 9-Year Detention Pending Civil Commitment Proceeding Warrants Habeas Relief
- Possession of Rape Video Warrants Restitution; Victim Awarded Over $1 Million Thus Far; Supreme Court Grants Cert.
- California: Felons with Prior Juvenile Strikes Excluded from County Jail Placement Under Realignment Act
- PA Prison Lieutenant Fired After Assisting in Criminal Investigation
- PLN Settles Censorship Suit Against Texas County Jail for $175,000
- New Trial Granted in Jail Strip Search Case Following Jury Verdict; $385,000 Settlement, by Matthew Clarke
- California: State Prisoner Cannot Serve Concurrent Sentence in County Jail
- Iowa: Bad Faith or Misconduct can Overcome Mental-Process Privilege in Disciplinary Case
- Prisoner Assaulted in Tennessee Jail Settles Suit for $530,000, by Derek Gilna
- Arrested: What to do When Your Loved One’s in Jail, by Wes Denham, by John Dannenberg
- California: Sexually Violent Predator Entitled to Jury Trial on Petition Seeking Conditional Release
- Medical Parole for Texas Prisoners on the Decline, by Matthew Clarke
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- Court Employee Fired for Helping Wrongfully Convicted Prisoner Prove His Innocence, by Christopher Zoukis
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- Eighth Circuit: No Qualified Immunity for Excessive Use of Force, Retaliation
- Islamic Organization Petitions to Let Muslim Women Prisoners Wear Hijabs, by Christopher Zoukis
- West Virginia Sex Offender Does Not Have Right to Attend Specified Church
- Ninth Circuit Reverses Dismissal of Wiccan Prisoners’ Establishment Clause Claim
- Rules Governing Lethal Injections Not Required under Georgia Law
- Deliberate Indifference Medical Claim Accrues Upon Discovery of Injury and its Cause
- Private Corrections Institute Issues First Annual Awards for Activism, Advocacy and Reporting on Private Prisons
- Criminal Background Checks Criticized for Incorrect Data, Racial Discrimination, by Derek Gilna
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- Ninth Circuit Upholds Six-Day Contraband Watch Conditions
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- Solitary Confinement’s Invisible Scars, by Five Oman Mualimm-ak
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- Restitution Not Owed for Arrest Costs, West Virginia Court Holds, by Derek Gilna
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- Short-term Deprivation of Toilet Paper Does Not Violate Detainee’s Rights
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- News in Brief
More from these topics:
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- Warden Out, Nineteen Guards Administratively Charged in Maryland Prisoner’s Death, Aug. 1, 2026. Guard Misconduct, Prison/Jail Murders, Failure to Protect (Wrongful Death), Failure to Protect (Staff).
- At Least Three Guards Charged for Assaulting Two Massachusetts Prisoners, Aug. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Assaults on Staff, Wrongful Use of Force.
- 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.
- $3 Million Settlement Reached with BOP for Attorney’s Fees in Sex Abuse Class-Action from Now-Shuttered California “Rape Club”, Aug. 1, 2026. Staff-Prisoner Assault, Attorney Fee Awards, Settlements, Consent Decrees, Class Actions.
- GAO Report Finds Rampant Sexual Abuse in Federal Prisons, Most Cases Unresolved, Aug. 1, 2026. Staff-Prisoner Assault, Prisoner-Prisoner Assault, DOC/BOP misconduct, Corrections Audits, Prison Rape Elimination Act.
- Ombudsman Report Finds Use of Force Misapplied in Contraband Search, Aug. 1, 2026. Guard Misconduct, Failure to Treat, Body Cavity Searches, Guard Brutality/Beatings, Pepper Spray/Tear Gas.
- Report Shows Pattern of Sexual Assaults in Santa Clara County Jail, Aug. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Corrections Audits, Failure to Protect (General).
- 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.

