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Eighth Circuit Upholds Denial of Qualified Immunity to Minnesota Guard Accused of Assaulting Restrained and Compliant Prisoner
Loaded on Nov. 15, 2024
by Matthew Clarke
published in Prison Legal News
November, 2024, page 37
Filed under:
Guard Brutality/Beatings,
Restraints,
Qualified Immunity,
Immunity - Absolute and Qualified.
Location:
Minnesota.
by Matthew T. Clarke
On May 6, 2024, the U.S. Court of Appeals for the Eighth Circuit upheld a district court’s denial of qualified immunity (QI) to a Minnesota Department of Corrections (DOC) prison guard who allegedly repeatedly assaulted a compliant and restrained prisoner.
Corey Fisherman is incarcerated at DOC’s ...
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More from this issue:
- Spit Hoods, Modern Legacy of Torture, by Anthony Accurso
- From the Editor
- NYC Rehires Former Head of Rikers Island Lockup Where Guard Assault Left Detainee Quadriplegic
- “Like Being Back in Jail”: Wisconsin Returns Released Sex Offenders to Lifetime GPS Monitoring
- Alabama Guard, Prisoners Among 13 Sentenced in Phone Scam and Drug-Smuggling Ring
- Identities Stolen From Virginia Jail Detainees For $341,205 COVID-19 Fraud
- Facing Bankruptcy, Securus Promotes Prison Tablets
- Fired Missouri Guards Charged with Murder in Prisoner’s Suffocation Death
- California Resentences 15 Condemned Prisoners to Life Without Parole
- Former Virginia Prisoners Win Back Denied Sentence Credits, Sue Over Delayed Release
- California Prisons Ban High-Tech Lie Detector
- Eighth Circuit Asked to Block New FCC Rules Capping Prison Phone Rates and Eliminating Ancillary Fees and Kickbacks
- Florida DOC Failed to Investigate Background of Guard Convicted in Mass Shooting
- $4.77 Million Settlement for Three Alaska Prisoners Exonerated of Murder After 18 Years, by David Reutter
- Kentucky Prisoners Take Advantage of Securus Software Glitch for $1 Million
- Alabama Jail Accused of Granting Detainee’s Medical Bond Just Before Death to Avoid Costly Medical Care, by David Reutter
- $28.75 Million Settlement Paid by New York City in Suit Alleging Rikers Guards Stood by and Watched Detainee Hang Himself, by Douglas Ankney
- Fifth Circuit Revives Texas Prisoner’s Suit Alleging Interference With His Muslim Religious Practice, by David Reutter
- Two More West Virginia Jailers Plead Guilty in Detainee’s Homicide
- Colorado Becomes First State to Require Polling Stations in Jails
- Ninth Circuit: No Qualified Immunity for California Jail Nurse Who Cleared Detainee for Release Just Before His Suicide, by Douglas Ankney
- San Bernardino Jail Partially Released from Court Monitoring After Paying Another $150,000 in Settlements for Detainee Deaths
- Building Carcerality, by Lisa Haber-Thomson, Dana McKinney White
- Corizon Health Bankruptcy Settlement Grows, But Only by $21 Million
- California Throws Prisoners Under the Bus to Adopt New Heat Rules
- PPI Releases 10th Anniversary Report on Mass Incarceration in the U.S.
- Florida Prisoners Exposed to Cancer-Causing Chemicals
- Two Hurricanes in Two Weeks Threaten Prisoners and Jail Detainees in Six States
- Public Defender Files Habeas Petitions for Detainees at “Horrific” Baltimore Lockup
- $23,138 Plus Out-Of-State Transfer for Virginia Prisoner Who Accused Guards of Excessive Force and Altering Video
- Another South Carolina Prisoner Convicted of “Sextortion” of U.S. Military Personnel
- Wellpath Sanctioned for Destroying Evidence in Two Oregon Jail Death Suits, by David Reutter
- Eighth Circuit Upholds Denial of Qualified Immunity to Minnesota Guard Accused of Assaulting Restrained and Compliant Prisoner, by Matthew Clarke
- In Oregon Case, Ninth Circuit Limits Pretrial Detention Without Counsel to Seven Days
- Two Former Georgia Sheriffs Sentenced for Misconduct, Related $5 Million Settlement Approved, by David Reutter
- Washington Appellate Court Reverses Parole Revocation Based on Hearsay
- BOP Ends “Blast” Messages on TRULINCS
- Illinois Prisoners Stage Hunger Strikes Over DOC Failure to Implement New Sentence Reduction Law
- Another Payout Brings Arizona Prisoner’s Total to $92,850
- Maryland and Wexford Health Pay $200,000 to Prisoner Denied Care and Partially Blinded, by Douglas Ankney
- After $750,000 Settlement, Georgia Guard Sued Second Time For Letting One Prisoner Murder Another, by Douglas Ankney
- SCOTUS Stays Texas Execution With 20 Minutes to Spare, by Matthew Clarke
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- Angola Prisoners Granted Limited Relief From “Farm Line” Work
- Armor Health Liquidates Assets—to Firm’s Founder
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- Milwaukee County Pays $1.05 Million Judgment for Bankrupt Armor Correctional Health to Former Jail Detainee
- $1.2 Million Settlement Reached in HRDC Censorship Suit Against North Carolina Prison System
- California Changes Prisoner Property Policy After Suit Filed Alleging Gender Discrimination Against Men, by Douglas Ankney
- Fifth Circuit Reinstates Former Federal Prisoner’s Suit Over Assault By Guards at Louisiana Lockup, by Matthew Clarke
- $1.5 Million Settlement Approved in Chicago Jail Suicide Case
- $500 Jury Verdict for Pennsylvania Prisoner After Federal Court Clarifies DOC Grievance Procedures
- California Pays $4.45 Million to Prisoners Allegedly Raped by Guards, by Anthony Accurso
- Third Circuit Affirms Qualified Immunity for Pennsylvania Guards Who Pepper-Sprayed Asthmatic Prisoner
- News in Brief
More from Matthew Clarke:
- 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
- TDCJ to Run Out of Beds in 2025, April 1, 2025
More from these topics:
- Former New Jersey Jailers Plead Guilty to Beating Detainee for Tossing Urine, July 15, 2025. Guard Misconduct, Guard Brutality/Beatings, Prisoners' Rights.
- First Circuit Revives Rhode Island Prisoner’s Excessive Force Claim Against Guard, July 15, 2025. Showers, Pepper Spray/Tear Gas, Restraints, Physical Injury/Restraint.
- 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).
- Sixth Guard Sentenced in West Virginia Killing of Pretrial Detainee, July 15, 2025. Failure to Protect (General), Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- Nearly $70,000 Awarded for Illinois Prisoner’s Excessive Force Claim, July 15, 2025. Retaliation for Filing Grievances, Food, Guard Brutality/Beatings.
- $42,000 Paid to Wisconsin Prisoner Allowed to Harm Himself While Under Observation, July 15, 2025. Staff-Prisoner Assault, Guard Brutality/Beatings, Deliberate Indifference.
- First Circuit Affirms Denial of Qualified Immunity to Maine Guards who Ogled Prisoner During Childbirth, July 15, 2025. Staff-Prisoner Harassment, Qualified Immunity, Children of Prisoners.
- $250,000 Verdict for South Carolina Prisoner Pepper-Sprayed in Face Without Cause by Guard, July 15, 2025. Guard Brutality/Beatings, Pepper Spray/Tear Gas, Qualified Immunity.
- 11th Alabama Sheriff’s Employee Pleads Guilty in Jail Detainee’s Death, Admits Stomping Him in Genitals, June 1, 2025. Jail Misconduct, Guard Brutality/Beatings, Failure to Protect (Staff).