×
You've used up your 3 free articles for this month. Subscribe today.
Eighth Circuit: Ruling Required on Prison Officials’ Qualified Immunity Defense
Loaded on Feb. 4, 2015
published in Prison Legal News
February, 2015, page 34
Filed under:
Qualified Immunity,
Mail,
Sexually Explicit Materials,
Mail Regulations.
Location:
Nebraska.
Eighth Circuit: Ruling Required on Prison Officials’ Qualified Immunity Defense
by Mark Wilson
The Eighth Circuit Court of Appeals has held that a district court erred in failing to resolve a motion to dismiss based on qualified immunity with respect to a prisoner’s claims related to interference …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- News in Brief
- Ninth Circuit: Abstention Inapplicable in First Amendment Cases, by Mark Wilson
- Tennessee Jail Breached Duty to Provide Medical Care; Damages Trial Ordered, by David Reutter
- Change in Florida Jail Policy Leads to Increased Homelessness, by David Reutter
- Prison Legal News Interviews Musician Wayne Kramer, by Paul Wright
- Eighth Circuit: Atheist Prisoner States Coerced Religious-Based Treatment Claim, by Mark Wilson
- Georgia’s High Court Finds No Categorical Right to Counsel in Civil Contempt Proceedings, by David Reutter
- GEO Group Rescinds $6 Million Donation to Name Stadium at Florida University, by David Reutter
- Private Prison Companies Reject Resolutions to Fund Rehabilitative, Reentry Programs
- Fifth Circuit Reverses Dismissal of Prisoner’s Suit Claiming Lack of Medical Care, by Matthew Clarke
- Prison Violence in Brazil Connected to Abuse, Gangs, Overcrowding
- Eighth Circuit Reverses Dismissal of Prisoner’s ADA/RA Claims, by Mark Wilson
- Misconduct at Washington State Civil Commitment Center as Concern Grows Over Releases, by David Reutter
- Georgia’s Execution Drug Secrecy Law Found Constitutional, by David Reutter
- Native American Prisoners Have Right to Tobacco in Religious Ceremonies, by David Reutter
- Ninth Circuit: Indefinite Stay and Denial of Guardian was Abuse of Discretion, by Mark Wilson
- For Shame! Public Shaming Sentences on the Rise, by David Reutter
- Book Review: Burning Down the House, by Nell Bernstein (The New Press, June 2014). 384 pages, $26.95, by Hannah K. Gold
- Second Circuit: Brady Claim Not Barred by Heck, by Mark Wilson
- Eighth Circuit: Ruling Required on Prison Officials’ Qualified Immunity Defense
- Eighth Circuit: Jail Guards Denied Summary Judgment for Use of Force against Detainees, by David Reutter
- Seventh Circuit: Dismissal due to Nonpayment of Filing Fee Requires Assessment, by Mark Wilson
- United States, Britain Offer Training to “Improve” Prison Conditions in Afghanistan
- California: Local Ordinances Banning Sex Offenders from Parks Invalidated, by Mark Wilson
- Montana: Extradition Costs Not Recoverable as Restitution, by Mark Wilson
- Life Sentences Spike in Recent Years – Especially in Utah
- Court Finds PLN’s Rights Violated by Arizona Jail; Case Settles for $15,293
- Eighth Circuit: Deliberate Indifference Standard GovernsMedical Care for Civilly Committed Detainees, by Mark Wilson
- Eighth Circuit: No Qualified Immunity for Jail Prisoner Raped in Unlocked Cell; $60,000 Verdict at Trial, by Mark Wilson
- Wisconsin Prison Guard Union Faces Challenges, by Derek Gilna
- Five Deaths in Eleven Months at California Jail Spark Grand Jury Probe
- Washington DOSA Revocation Requires Credit for Community Custody Time, by Mark Wilson
- Texas: $100 Medical Copay for Prisoners Generates Less Revenue than Expected, by Matthew Clarke
- Dialing with Dollars: How County Jails Profit From Immigrant Detainees, by Leticia Miranda
- From the Editor, by Paul Wright
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.
- 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.
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.

