Skip navigation
Prison Legal News
× You've used up your 3 free articles for this month. Subscribe today.

The “Qualified Immunity” Doctrine Needs to be Reexamined

Loaded on May 8, 2018 by Derek Gilna published in Prison Legal News May, 2018, page 48
Filed under: Qualified Immunity. Location: United States of America.

by Derek Gilna

According to criminal justice expert and University of Chicago professor William Baude, “The doctrine of qualified immunity prevents government agents from being held personally liable for constitutional violations unless the violation was of ‘clearly established law.’”

Unfortunately, this doctrine has resulted in a lack of accountability for ...

 

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.

Subscribe today

Already a subscriber? Login

More from this issue:

  1. In the Eye of the Storm: When Hurricanes Impact Prisons and Jails, by Matthew Clarke
  2. North Carolina Woman Attempts Bail Bond Scheme from Inside Jail, by Monte McCoin
  3. Porn Reading Rooms in Iowa Prisons Placed on Legislative Hit List
  4. U.S. Coast Guard Operating Inhumane Floating Prisons, by Christopher Zoukis
  5. Wrongful Death Case Against New York Jail Settles for $101,500, by Derek Gilna
  6. Nebraska Sheriffs Profiting from Jail Phone Contracts, by Christopher Zoukis
  7. Phony New York Lawyer Defrauds Prisoners, Sent to Prison, by Edward Lyon
  8. North Dakota: Altered Pencil in Prison Results in Weapon Possession Conviction
  9. Pro Se Rhode Island Prisoner Wins First Amendment Settlement, by Derek Gilna
  10. Oklahoma Lawmaker Introduces Bill to Lift Prison Smoking Ban, by Monte McCoin
  11. Major Wage Ratio Gap Between Executives, Employees at Private Prisons, by Steve Horn
  12. Former Michigan Prisoner Receives Over $817,000 for Wrongful Conviction
  13. Virginia Federal Court Holds Nation of Gods and Earth is a Religion
  14. Dying Prisoner’s Complaint Alleged Claim for Failure to Treat Hepatitis C
  15. Federal Lawsuit Filed Against Oklahoma Sheriffs – All of Them, by Derek Gilna
  16. Ohio: $75,000 Settlement Reached after 60-Year-Old Woman Body Slammed by Jail Guard, by Christopher Zoukis
  17. Newspaper Investigation Reveals Significant Problem with Life Sentences in Arizona, by Christopher Zoukis
  18. California: Governor Signs Bill to Block Expansion of For-profit Detention Centers, by Dale Chappell
  19. Washington Prisoner’s Negligence Suit Settles for $75,000
  20. Justice Department Failing to Assess Prison Population Reduction, Clemency and Reentry Programs, by Christopher Zoukis
  21. Alabama: State Agencies Have Absolute Immunity in a Court of Law or Equity
  22. Confusion Over Insanity Defense Leads One Jury to Issue Two Verdicts in Triple Murder, by Christopher Zoukis
  23. $437,500 Settlement for Brutal Beating at Missouri Jail
  24. The “Qualified Immunity” Doctrine Needs to be Reexamined, by Derek Gilna
  25. FTCA Claims Survive; PREA Policy Defeats Discretionary Function Exception, by Jeremy Pinson
  26. $15,000 Award for New York Prisoner in Medical Negligence Case
  27. Due Process Mandatory Before Texas Requires Sex Offender Registration for Crimes not Covered by Statute, by Matthew Clarke
  28. Indiana County Settles Jail Guard’s ADA/Discrimination Suit for $150,000, by Matthew Clarke
  29. Whistleblowing Angola Prisoner Who Faced Retaliation Wins Relief, Redemption
  30. $14.3 Million Settlement for Probationers Subject to Extortion by Private Company
  31. Female Prisoners More Likely to be HIV Positive than Non-prisoners, by Edward Lyon
  32. Former Pennsylvania Guards Settle FMLA Lawsuits for $110,000, by Derek Gilna
  33. $330,000 for Florida Prison Guards Abused at Training Academy
  34. Oregon Sex Offenders Get LWOP, Not Treatment
  35. Court Certifies Class of Missouri Prisoners Denied Hepatitis C Treatment, by Matthew Clarke
  36. New York Issues New Solitary Confinement Rules for Local Jails Amid Lawsuits, $5 Million Settlement, by Christopher Zoukis
  37. Seventh Circuit Affirms Denial of Qualified Immunity in Jail Suicide Suit, by Matthew Clarke
  38. Iowa Prison Officials Drop Disciplinary Sanctions in Controversial Case, by Matthew Clarke
  39. Federal Prisoner Shot in the Eye Awarded $80,000, by Jeremy Pinson
  40. Fifth Circuit Reinstates Denial of Medical Care Suit Against Texas County Jail, by Matthew Clarke
  41. Massachusetts: State Court Officers May Not Enforce Immigration Detainers, by Matthew Clarke
  42. Tennessee: New Trial Ordered in Prisoner’s Wrongful Death Case, by Steve Horn
  43. As Prison Populations Drop, Several States Close Facilities, by Dale Chappell, Matthew Clarke
  44. Prison Mailbox Rule Applied to South Carolina Prisoner’s Late PCR Petition
  45. ACLU Sues Nebraska Over Unconstitutional Prison Conditions, by Matthew Clarke
  46. San Quentin Newspaper Editor Arnulfo Garcia Leaves a Legacy, by Dale Chappell
  47. Prison Chaplain Wins Standoff with BOP Over Carrying Pepper Spray, by Monte McCoin
  48. Judge Threatens Arizona Officials with Contempt Over Inadequate Prisoner Medical Care, by David Reutter
  49. New York Law Gives Reformed Offenders an Opportunity to Seal Convictions, by Derek Gilna
  50. California: Defendants’ Repeated Discovery Obstruction Sanctioned in Guard Sex Abuse Case
  51. Mother-Son Team Sentenced for Tax Fraud, Obstruction of Justice, by Derek Gilna
  52. “Survivors Guide to Prison,” by Matthew Cooke, director (Gravitas Ventures, February 2018); 102 minutes, by Steve Horn
  53. “Witness to Human Torture”: On Both Sides of the Prison Walls, Social Workers Confront Solitary Confinement, by Valerie Kiebala
  54. British Prison Guard Sentenced for Contraband Smuggling Conspiracy, by Monte McCoin
  55. PLN Censorship Suit Against Virginia Jail Headed to Trial
  56. New Mexico Jail Sued by HRDC for Censoring Book Orders, by Derek Gilna
  57. Governor Vetoes Nevada’s Anti-Private Prison Bill, by Monte McCoin
  58. Rash of Security Breaches Plagues Nation’s Prisons and Jails, by Christopher Zoukis
  59. Photos Show Aftermath of Lethal South Carolina Prison Brawl that Left Seven Dead, by Steve Horn
  60. From the Editor, by Paul Wright
  61. Mass Incarceration is a Women’s Issue, Too, by Jessicah Pierre
  62. News in Brief

More from Derek Gilna:

More from these topics: