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Qualified Immunity Granted in Suit Challenging Policy of “Checking-In” on Nevada Prisoner’s Legal Calls
Loaded on Feb. 1, 2022
by David Reutter
published in Prison Legal News
February, 2022, page 56
Filed under:
Attorney Calls,
Electronic Communictions Privacy Act,
Immunity - Absolute and Qualified.
Location:
Nevada.
by David M. Reutter
On July 8, 2021, the U.S. Court of Appeals for the Ninth Circuit refused a request to rehear en banc a decision by a three-judge panel of the Court that three months earlier affirmed a grant of qualified immunity to a guard who monitored phone calls ...
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More from this issue:
- Living and Dying on Rikers Island: The Latest Installment, by Kevin Bliss
- From the Editor, by Paul Wright
- Omicron Has Arrived. Many Prisons and Jails Are Not Ready., by Keri Blakinger, Beth Schwartzapfel
- The Good, the Bad and the Ugly of the Omicron Winter, by Jo Ellen Nott
- Suit by HRDC Alleging GTL and Securus Violated Sherman Anti-Trust Act Survives Motion to Dismiss, by Douglas Ankney
- Long-Time PLN Contributor Released from Solitary Stint in Oregon for ‘Contraband’ Toy Phone, by Jacob Barrett
- $90,000 Paid by Illinois County to Prisoner Tasered by Two Guards He Wasn’t Resisting, by David Reutter
- Inmate Magazine Service Settlement Prohibits Further Sale of Magazine Subscriptions, Orders Payment of $2.2 Million for ‘Consumer Redress’
- Sixth Circuit Denies Qualified Immunity for Failure to Protect Michigan Prisoner from Unsafe Working Conditions, by David Reutter
- HRDC Appeals Denial of Public Records Request for Documentation of Secret Settlement in Maine Jail Prisoner’s Excessive Force Lawsuit, by Matthew Clarke
- $10,000 Awarded by Nevada Federal Court to Prisoner Assaulted by Former State Prison Guard, by Matthew Clarke
- Prison Employee Union Fighting to Stop Closure of San Diego Federal Detention Center, by Keith Sanders
- Lawsuit Over Winter Power Outage at Brooklyn’s Troubled Federal Detention Center Granted Class Certification, by Kevin Bliss
- Another Death by Taser in Sangamon County, Illinois Jail, by Jayson Hawkins
- Activists Play Whack-a-Mole Closing ICE Detention Centers, by David Reutter
- North Carolina Renames Prisons Whose Names Honored Enslavers, by Matthew Clarke
- Investigations Into the Deaths of Several Prisoners and Two Guards Reveal Rampant Corruption, Cover-ups in California Prison, by Keith Sanders
- $900,000 Settlement in Class Action Lawsuit Alleging Securus Recorded California Prisoner-Attorney Calls, by David Reutter
- Settlement for New Jersey Special Needs Prisoner Students Includes Damages, Fees and Education, by Edward Lyon
- $7,500 Settlement for Pennsylvania Prisoner Assaulted by Guards And Denied Medical Care
- White Supremacist Groups Continue to Infest Florida DOC
- $1 Million Default Judgement for Michigan Jail Prisoner Against Health Care Provider in Sexual Assault, by Mark Wilson
- Transgender Women in Illinois DOC Secure Injunction with Special Monitor, by Casey Bastian
- Seven Prisoners Died in 2021, One by Homicide, at Virginia’s Only Private Prison
- ‘They Know No Bounds’: Suffolk County New York Prosecutors Sent to Prison, by Edward Lyon
- Eighth Circuit Rules Guard’s History of Excessive Force too Prejudicial or a Jury to Hear in Prisoner’s Excessive-Force Case, by Matthew Clarke, Jacob Barrett
- Tennessee CoreCivic Prison Guard Indicted for Beating Unresisting Prisoner, Attempting Cover-up, by Harold Hempstead
- New York Jail Required to Provide Methadone to Detainee for Addiction Treatment
- Fifth Circuit Holds Private Immigration Detention Facilities Are Subject to Trafficking Victims Protection Act’s Prohibition Against Coerced Labor, by Matthew Clarke
- Seventh Circuit: No Case for Loss of Eye from Medical Neglect Because of Lack of Expert Testimony, by Jacob Barrett
- Ninth Circuit Continues Trend of Reversing Injunctive Relief Protecting Prisoners From COVID-19, by Douglas Ankney
- Fifth Circuit Says Federal Habeas Action May Not Be Used to Challenge Conditions of Confinement Related to COVID-19, by Matthew Clarke
- Judge Sentences Boss of ‘Horrific’ Cuyahoga Ohio Jail to Prison, by Edward Lyon
- After Second Circuit Rules in His Favor, Connecticut Prisoner Required to Exercise in Full Restraints for Six Months Takes $100,000 Settlement, by Matthew Clarke
- Qualified Immunity Granted in Suit Challenging Policy of “Checking-In” on Nevada Prisoner’s Legal Calls, by David Reutter
- Seventh Circuit Grudgingly Affirms Summary Judgment in Illinois’ Prisoner’s Suicide Lawsuit, by Dale Chappell
- California Appeals Court Reverses Dismissal of Charges Against Prisoners Charged in Pelican Bay Riot, by David Reutter
- Fourth Circuit Grants Qualified Immunity to Prison Official Who Gave Prisoner No Notice Before Hearing That Resulted in Transfer to Security Detention, by David Reutter
- ‘Disconnect’ Between Illinois Prisoner’s Grievance and Complaint Results In Failure to Exhaust, by Jacob Barrett
- Fifth Circuit Reinstates Federal Prisoner’s Tort Claim Against BOP Officials, by Keith Sanders
- $4,000 Federal Bench Verdict to Kentucky Prisoner Assaulted by Guard While Restrained
- News in Brief
More from David Reutter:
- Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant, Oct. 1, 2024
- Turn Key Health Clinics: Another Private Jail Medical Provider Leaving a Trail of Death and Misery, Sept. 15, 2024
- Competency Evaluation Ordered for Condemned Utah Prisoner, Sept. 15, 2024
- Missouri Prisoner’s Excessive Force Claim Proceeds Against Guards After Court Excuses Missed Deadlines Under “Unavailable” Grievance Procedure, Sept. 15, 2024
- $1.1 Million Settlement for Colorado Prisoner Stabbed by Gang Members For Testifying About Prison Murder, Sept. 15, 2024
- Second Circuit: New York Prisoner’s Prior Cases Not PLRA Strikes, Sept. 15, 2024
- $700,000 Settlement in BOP Prisoner’s Death After Court Refuses to Extend Bivens, Sept. 15, 2024
- Watchdog Faults BOP for Averaging 43 Prisoner Deaths a Year—More Than 23 by Suicide, Sept. 15, 2024
- Mom of Murdered California Prisoner Defeats Motion to Dismiss Lawsuit by Guard Who Posted Pics of Corpse Online, Sept. 15, 2024
- Tenth Circuit Affirms Former Oklahoma Jail Captain’s 46-Month Sentence For Brutalizing Detainees, Sept. 15, 2024
More from these topics:
- Nevada Supreme Court Holds That Violating Jail Phone Policy Does Not Waive Attorney-Client Privilege, Sept. 15, 2024. Attorney Client, Attorney Calls.
- Eleventh Circuit Denies Qualified Immunity to Georgia Jailers Who Housed White Detainee With Black Cellmate Held for Racially Motivated Attack, Aug. 15, 2024. Racial/Ethnic Bias/Profiling, Immunity - Absolute and Qualified.
- The Catch-22 of Qualified Immunity, Aug. 15, 2024. Police Misconduct, Qualified Immunity, Immunity - Absolute and Qualified.
- Bluetooth Surveillance Tool Added to List of Known Cache of DHS’ Surveillance Technology, Aug. 1, 2024. Cell Site Location Information ("CSLI"), Application, Electronic Communictions Privacy Act.
- Eighth Circuit Largely Restores Qualified Immunity to Minnesota Jail Guards in Use of Force on Bipolar Prisoner, July 1, 2024. Guard Brutality/Beatings, Qualified Immunity, Immunity - Absolute and Qualified.
- “Third Time Is Not the Charm” For Texas Jailers Barred by PLRA from Enforcing Prior Settlement Agreement Against Prisoner in New Suit, May 1, 2024. Jail Specific, PLRA, Settlements, Attorney Calls, Civil Settlement - Effect of, Prison Litigation Reform Act (PLRA), Wiretaps/Wiretap Evidence.
- Qualified Immunity Denied to Former New Mexico Warden in Prisoner’s Sexual Abuse Claim, May 1, 2024. Staff-Prisoner Assault, Discovery, Qualified Immunity, Supervisory Liability, Immunity - Absolute and Qualified.
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024. Guard Misconduct, Failure to Treat, Jail Specific, Qualified Immunity, Medical Neglect/Malpractice, Immunity - Absolute and Qualified, Deliberate Indifference.
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024. Guard Misconduct, Seizures, Failure to Treat, Drug Overdose, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference.
- Sixth Circuit Refuses Michigan Prisoner’s Excessive Force Claim Despite Guard’s Conviction for Battery, April 1, 2024. Jail Misconduct, Eighth Amendment, Guard Brutality/Beatings, State Law Claims, Immunity - Absolute and Qualified.