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Second Circuit Affirms Denial of Qualified Immunity to N.Y. Prison Official Who Imposed Post-Release Supervision on Prisoner – But Reverses Damages Award
by David M. Reutter
On March 23, 2023, the U.S. Court of Appeals for the Second Circuit held it was not error to deny qualified immunity (QI) to a New York prison official who “affirmatively decided” not to heed a federal court decision that it was unconstitutional to administratively impose ...
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More from this issue:
- Soaring Number of Detainee Deaths Spotlights Ongoing Crisis at Harris County Jail, by Douglas Ankney
- Alabama Guards Still Harming Prisoners, Overcrowding Set to Increase as Governor Slashes “Good Time”, by Chuck Sharman, Jo Ellen Nott
- Prolonged COVID-19 Visitation Restrictions Net Georgia Jails Over $1.5 Million in Telecom Kickbacks, by Jordan Arizmendi
- Atlanta Federal Prison Gets Another Reboot, by Chuck Sharman
- Protest Damages Massachusetts Jail that Sheriff Wants to Update, by Jo Ellen Nott
- Third Circuit Revives Forced-Labor Claims of Jailed Pennsylvania Child Support Debtors, by Matthew Clarke
- Biden Commutes 31 Federal Drug Sentences, by Jordan Arizmendi
- BOP Closes Deadliest Unit, by Chuck Sharman
- Fourth Circuit Revives Virginia Prisoner’s Challenge to DOC Policy Restricting His Religious Headwear, by Douglas Ankney
- Ohio Governor Reprieves Three Condemned Prisoners, by Chuck Sharman
- Connecticut GOP Lawmakers Force Governor to Replace Pardon Board Chair, Stopping All Commutation Hearings, by Jordan Arizmendi
- Flooding Causes Evacuation of 1,075 Detainees from California Jail, by Jordan Arizmendi
- California College Offers Housing, Services to Formally Incarcerated Students, by Keith Sanders
- SCOTUS Orders Last-Minute Stay of Execution for Oklahoma Death Row Prisoner Richard Glossip
- Prison Looks Different for Two Celebrity Women, by Jordan Arizmendi
- Alabama Prisoner’s Family Sues Over Allegedly Botched Execution, by Chuck Sharman
- Vermont Sheriff Locked Out of National Crime Database, Facing Impeachment, by Chuck Sharman
- Arizona Prisoner Released from Death Row, by Chuck Sharman
- Executive Inaction: States and Federal Government Fail to Use Commutations as a Release Mechanism, by Katie Rose Quandt, Naila Awan
- Senators Spank DOJ for Failure to Implement Death-in-Custody Reporting Act
- Former Prisoner Uses “Look Back” Window to Sue for Sexual Abuse at Shuttered New York Prison, by David Reutter
- Corizon Executes “Texas Two-Step,” Spinning Off Debt Into Bankrupt New Firm to Avoid Paying Creditors and Lawsuit Winners, by Matthew Clarke
- Missouri Legalizes Marijuana and Expunges Criminal Records, by David Reutter
- Third Circuit Reinstates Claim by Federal Prisoner in Pennsylvania that Guards Prevented Daily Muslim Prayers, by Matthew Clarke
- Life Sentence for Alabama Jail Escapee After Suicide of Guard Lover Who Helped Him, by Chuck Sharman
- Cuyahoga County Sheriff Stripped of Jail Commissary Control After $500,000 in Inventory Goes Missing, by David Reutter
- Washington State Initiative to Expand Jail Ballot Access Faces Local Pushback, by David Reutter
- Prison Profiteer Who Chairs Christian Seminary Board Called Not Very ‘Christlike’, by Kevin Bliss
- Corizon Bankruptcy Stalls Suit By Alleged Rape Victims of Rikers Island Guard, by Chuck Sharman
- Menstruation Weaponized Against Women in Prison, by Kevin Bliss
- DOJ Finds Louisiana ‘Deliberately Indifferent’ to Prisoners Incarcerated Long Past Their Release Dates, by Matthew Clarke
- Seventh Circuit: Cook County Jail Grievance Procedure An “Incomprehensible Trap”, by Douglas Ankney
- Prisoner Health Update: HIV, by Eike Blohm, MD
- Ninth Circuit Affirms Expanded Relief for Disabled California Prisoners in Long-Running Class Action, by David Reutter
- Idaho Revives Firing Squads, by Kevin Bliss
- $82 Million For Detainee Death in Oklahoma Jail is “Largest Civil Rights Death Claim in U.S. History”, by Matthew Clarke
- SCOTUS Overrules Arizona Supreme Court, Allows Death Row Prisoner to Proceed With State Habeas Action, by Matthew Clarke
- $30,000 Paid by Michigan to Prisoner Wrongfully Classified as Sex Offender, by David Reutter
- Fifth Circuit Kills Suit by Louisiana Prisoners Whose Release Dates Were Incorrectly Calculated, by David M. Reutter
- New Report Pats BOP on the Back for Addressing Problems With Restrictive Housing, PREA, by Keith Sanders
- Former Illinois Guards Sentenced for Prisoner’s Fatal Beating, by Benjamin Tschirhart
- Fourth Circuit: Federal Prisoner in North Carolina Making Rehabilitation Act Claim Must Exhaust Both BOP Grievance Process and Justice Department’s EEO Complaint Process, by David Reutter
- Missouri Prisoner Illegally Condemned by Illiterate Juror Executed Anyway, by Chuck Sharman
- Ohio Supreme Court Grants State Prisoner Another $1,000 for Denied Records, by Keith Sanders
- Four Month Prison Term for BOP Compliance Monitor in Miami Who Sexually Abused Prisoner on His Case Load, by Jo Ellen Nott
- Wellpath Sanctioned for Discovery Violations After Stonewalling in Prisoner Lawsuits, by Douglas Ankney
- Second Circuit Affirms Denial of Qualified Immunity to N.Y. Prison Official Who Imposed Post-Release Supervision on Prisoner – But Reverses Damages Award, by David Reutter
- News in Brief
More from David Reutter:
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Jailers Who Ignored Detainee’s Spider Bite, March 1, 2025. Failure to Treat, Qualified Immunity, Immunity - Absolute and Qualified.
- Eighth Circuit Affirms Denial of Qualified Immunity to Missouri Guards in Transgender Prisoner’s Suit Alleging Retaliation and Unreasonable Search, Jan. 15, 2025. Guard Misconduct, Retaliatory Searches, Qualified Immunity, Discrimination (Transgender), Immunity - Absolute and Qualified.
- Why Aren’t Eligible Individuals Taking Advantage of Expungement Laws?, Dec. 15, 2024. Discrimination, Restrictions, discrimination, Expungement/Removal.
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024. Sex Offender Registration and Notification Act, Restrictions, discrimination, Constitutional Challenges/Law.
- Ninth Circuit: No Qualified Immunity for California Jail Nurse Who Cleared Detainee for Release Just Before His Suicide, Nov. 15, 2024. Failure to Treat, Suicides, Immunity - Absolute and Qualified.
- Third Circuit Affirms Qualified Immunity for Pennsylvania Guards Who Pepper-Sprayed Asthmatic Prisoner, Nov. 15, 2024. Guard Misconduct, Medical Experiments/Exploitation, Pepper Spray/Tear Gas, Qualified Immunity, Guards/Staff, Immunity - Absolute and Qualified.
- Eighth Circuit Upholds Denial of Qualified Immunity to Minnesota Guard Accused of Assaulting Restrained and Compliant Prisoner, Nov. 15, 2024. Guard Brutality/Beatings, Restraints, Qualified Immunity, Immunity - Absolute and Qualified.
- Iowa Qualified Immunity Law Lets County Off the Hook for Guard’s Sex Abuse of Jail Detainee, Oct. 15, 2024. Staff-Prisoner Assault, Qualified Immunity, Immunity - Absolute and Qualified.
- Former Prisoners Can Become President, But Other Job Options Are Limited, Sept. 15, 2024. jobs, Restrictions, discrimination.
- 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.