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Ninth Circuit Denies Immunity to Police Officers, Jailers for Prisoner’s Death
Loaded on Dec. 5, 2017
by Matthew Clarke
published in Prison Legal News
December, 2017, page 26
Filed under:
Eighth Amendment,
Jail Specific,
Wrongful Death,
Excessive Force (Wrongful Death),
Failure to Treat (Mental Illness).
Location:
Arizona.
by Matt Clarke
On December 30, 2016, the Ninth Circuit Court of Appeals upheld the denial of qualified immunity to two Phoenix police officers and two Maricopa County jail guards in a civil rights case alleging they beat a prisoner to death.
When mentally ill U.S. Army veteran Ernest “Marty” ...
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More from this issue:
- California Prisons Struggle with Environmental Threats from Sewage Spills, Contaminated Water, Airborne Disease, by Rick Anderson
- News in Brief
- Volunteers, Mayor Take Action to Clothe Freezing Prisoners in New York City, by Christopher Zoukis
- $10.25 Million Jury Award in Suit over Oklahoma Jail Prisoner’s Death, by Matthew Clarke
- Study Tracks Decline in Use of Solitary Confinement as Reform Bill Stalls in U.S. Senate, by Lonnie Burton
- New Study Indicates Annual Cost of Incarceration Exceeds $1 Trillion, by Audry Spade
- Prison Tattoos Tell a Story, by David Reutter
- Federal Judge Orders Cook County to Correct Courthouse ADA Violations, by Derek Gilna
- Most Black “Neighborhoods” in Wisconsin are Actually Jails, Prisons, by Christopher Zoukis
- Second Circuit Upholds $36 Million Jury Award, $5 Million in Fees in Wrongful Conviction Case, by Matthew Clarke
- Pressure from Advocacy Group Leads University of California to Partially Divest from Wells Fargo, by Christopher Zoukis
- Missouri DOC Director Replaced after String of Harassment and Retaliation Lawsuits
- Tenth Circuit Reinstates Suit over Failure to Provide Medical Treatment to Oklahoma Arrestee/Prisoner, by Matthew Clarke
- Eighth Circuit Reverses Dismissal of Prisoners’ Suit over Repeated Overnight Deprivation of Clothing
- Louisiana Death Sentence Reversed, Charges Dismissed, Lawsuit Filed, by David Reutter
- Tennessee: High Cost of Drugs Cited as Reason to Deny Prisoners Hep C Treatment, by David Reutter
- Innocence Project Emerging in Israel, by Christopher Zoukis
- State Sanctioned Murder: By the Numbers, by Christopher Zoukis
- Private Prison Company’s Announcement to Reduce Recidivism Criticized as PR Ploy
- Montana County Settles Suit over Prisoner’s Rape for $125,000
- Missouri Town Pays $1.2 Million to Settle Lawsuit over Jail Suicide, by Lonnie Burton
- Prisoners and Disabilities: The Legal Landscape, by Christopher Zoukis
- Prisoner’s Escape from Understaffed Private Prison Results in Staff Discipline, by Christopher Zoukis
- Study: Prison Spending Grew at Three Times the Rate of Education Spending over Last Three Decades, by Lonnie Burton
- Visitors to USP Leavenworth Turned Away Due to Disabilities
- Seventh Circuit: District Court Erred in Dismissing Prisoner’s § 1983 Suit for Failure to Exhaust, by Lonnie Burton
- $1.275 Million Settlement for Los Angeles County Jail Whistleblower, by Lonnie Burton
- New York Jail Agrees to End Solitary Confinement of Juveniles, by Matthew Clarke, Derek Gilna
- Vermont Supreme Court Upholds Rights of Jailhouse Lawyers, by Christopher Zoukis
- D.C. Man Subjected to 77 Days Overdetention; Marshals Service Denies Responsibility, by Monte McCoin
- Chicago Man Exonerated of Murder Awarded $13 Million after 22 Years in Prison, by Lonnie Burton
- Third Circuit: No Death Row Confinement after Death Sentences Vacated, by Christopher Zoukis
- Hawaii: OCCC Mental Health Care Fails, Prison Staff Fired, by Monte McCoin
- State Governors Grant Over 500 Pardons, Commutations, by Christopher Zoukis
- Pennsylvania: Philly D.A. Sentenced to Five Years for Corruption, Disbarred, by Monte McCoin
- Massachusetts: Reform Legislation Introduced after Study on Solitary Confinement Published, by Lonnie Burton
- Tennessee Judge Denies Summary Judgment Motion in Jail Suicide Suit; Case Settles, by Derek Gilna
- New Zealand Court Decision: Voting Ban Violates Human Rights of Prisoners, by Monte McCoin
- Seventh Circuit: Corizon May be Liable for Failure to Coordinate Medical Care, by Matthew Clarke
- Ninth Circuit Denies Immunity to Police Officers, Jailers for Prisoner’s Death, by Matthew Clarke
- HRDC Sues Kitsap County, Washington over Debit Release Cards, by Derek Gilna
- Prisoners in Solitary Confinement Benefit from Nature Videos, Study Shows, by Monte McCoin
- Judge Orders Florida DOC to Immediately Start Treating Prisoners with HCV, by Derek Gilna
- First Circuit Reverses Convictions of Massachusetts Probation Officials, by Christopher Zoukis
- Study Indicates Racial Bias Skews Criminality Risk Assessment Tool
- Arizona: Mixed Rulings in Challenges to State’s Lethal Injection Protocol, by Lonnie Burton
- Georgia Prison Doctor Rewarded for Cutting Costs as Prisoners Died Under His Care, by David Reutter
- USP Atlanta Escapes Result in Convictions, by Monte McCoin
- In Midst of Opioid Crisis, an Addiction Medication Program for Federal Prisons Fizzles, by Mike Ludwig
- Federal Judge Expresses Frustration in New Orleans Jail Reform Litigation
- From the Editor, by Paul Wright
More from Matthew Clarke:
- Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences, Aug. 1, 2025
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025
- Kansas Supreme Court Revives Prisoner’s Challenge to Loss of Parental Rights, June 1, 2025
- Fifth Circuit Reinstates Baha’i Texas Prisoner’s Dietary Claim, June 1, 2025
- $5.6 Million Settlement for California Prisoner’s Wife Strip-searched During Visit, June 1, 2025
- Academic Study of Prison Guards’ Use of Excessive Force Details Sad State of Civil Rights for Abused Prisoners, June 1, 2025
- Multitudes Caged for Failure to Pay Child Support, Driving Mass Incarceration, May 1, 2025
- Los Angeles County Pays $24 Million to Two Former Prisoners Wrongly Convicted as Teens of 1997 Murder, May 1, 2025
- Federal Watchdog Calls Out BOP for Spiking Suicide Risk at Pennsylvania Lockup, April 1, 2025
- Eighth Circuit: Arkansas Prisoner Who Had Consensual Sex With Guard Cannot Sustain Eighth Amendment Claim, April 1, 2025
More from these topics:
- Ninth Circuit Affirms Dismissal of Arizona Challenge to Private Prisons, July 15, 2025. Private Prisons, Eighth Amendment, Thirteenth Amendment, rights, Fourteenth Amendment, rights.
- First of 10 Guards Charged with Killing of New York Prisoner Pleads Guilty, July 15, 2025. Guard Brutality/Beatings, Excessive Force (Wrongful Death), False Statements/Perjury.
- 14th Alabama Sheriff’s Employee Pleads Guilty in Jail Detainee’s Death by Freezing, July 15, 2025. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- The Dangerous Practice of Late-Night Jail Releases, July 15, 2025. Failure to Protect (General), Jail Specific, Arrest and Booking, Release and Reentry.
- Sixth Guard Sentenced in West Virginia Killing of Pretrial Detainee, July 15, 2025. Failure to Protect (General), Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- Ongoing Detainee Deaths Push Rikers Island into Federal Court Receivership, July 15, 2025. Totality of Conditions, Failure to Protect (General), Fire Hazards, Overcrowding, Eighth Amendment, Staffing, Environmental Law, Plumbing, Sewage, Jail Specific.
- $550,000 Settlement After Juvenile’s Suicide at Charlotte Jail, July 15, 2025. Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides, Failure to Protect (Juveniles).
- Punishment TV, July 1, 2025. Totality of Conditions, Food, Eighth Amendment, Staffing, Prison Tourism/Consumerism.
- Washington’s Continuing Competency Crisis Strains Jails, June 1, 2025. Medication, Systemic Medical Neglect, Conditions of Confinement, Failure to Treat (Mental Illness).
- Long-Running Consent Decree Again Extended at Troubled Baltimore Jail, June 1, 2025. Totality of Conditions, Eighth Amendment, Prison Conditions.