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Ninth and Tenth Circuits Find Bivens Extension Orders Not Immediately Appealable
Loaded on March 1, 2025
by Sam Rutherford
published in Prison Legal News
March, 2025, page 28
Filed under:
Grounds for Appeal,
Civil Rights Actions or Offenses/Bivens Actions.
Location:
California.
by Sam Rutherford
The United States Courts of Appeals for the Ninth and Tenth Circuits recently held that the government may not immediately appeal a district court’s order extending to new factual scenarios that the exemption to governmental immunity first identified in Bivens v. Six Unknown Named Agents of Federal ...
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More from this issue:
- Pay-for-Play Tablets: The Costly New Prison Paradigm
- From the Editor, by Paul Wright
- No Evacuations for Los Angeles Prisoners in Wildfire’s Path
- Nebraska Supreme Court Spanks Attorney General, Orders Felons Be Allowed to Vote
- Number of Texas Detainees Jailed Out-of-County Doubled in Five Years
- Warden, Top Deputy Walked Off the Job at “Wild West” Missouri Prison
- Ninth Circuit Revives Lawsuit Over Arizona Prisoner’s Heat-Related Death
- Crime Down But Incarceration Up In Tennessee
- Four Escapes in Eight Months from Oklahoma Jail
- Michigan Judge Sued for Jailing Teen Who Nodded Off While Watching in Court
- Virginia Parole Board Skirts New Transparency Rules, Governor Walks Back Expanded Sentence Credits—Again
- Ninth Circuit Remands Transgender Idaho Prisoner’s $2.63 Million Attorney Fee Award for Recalculation— Against Bankrupt Corizon Health Successor
- $25.75 Million for Exonerated North Carolina Prisoner’s 44 Stolen Years
- Former Vermont Sheriff Takes Plea Deal in Sexual Assault Case
- Illinois Lawmaker Asks State Prison Guards to Report Immigrant Prisoners Nearing Release—to Her
- Not Just Another Shared House: North Carolina Farm Eases Re-entry for Released Prisoners
- Former California Guard Convicted On 64 Counts of Sexually Abusing Prisoners
- “Lady al-Qaeda” Sues BOP for Guards’ Sexual Assaults
- The Grift That Keeps on Giving: $33 Million for State Prisons Generated by Seized Native Land
- Deal to Release Cuban Prisoners Upended
- Fourth Circuit Reverses Denial of Counsel for “Low IQ” North Carolina Prisoner, by Anthony Accurso
- $100,000 Settlement Reached in New York Prisoner’s Solitary Confinement Suit, After Jury for First Time Finds Practice Violates Eighth Amendment, by Douglas Ankney
- “Happy Mother’s Day”: $1,353,000 Settlement Approved for Migrant Parents Separated from Minor Kids at Border, by Matthew Clarke
- Released Palestinian Detainees Allege Abuse in Israeli Prisons
- Minnesota High Court Restores Voting Rights of Former Felons
- Over 100,000 Criminal Records Sealed Under Colorado’s “Clean Slate Act”
- Ninth and Tenth Circuits Find Bivens Extension Orders Not Immediately Appealable, by Sam Rutherford
- ABA Highlights Ohio Prisoner’s Successful Transition to Lawyer
- Suboxone Manufacturer’s Delayed-Release Buprenorphine Injections Show Promise at Maine Jail
- HRDC Files Suit Over Censorship in California Jail
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, by Matthew Clarke
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- U.S. Justice Department Investigating Tennessee CoreCivic Prison After Mother of Murdered Prisoner Reaches Settlement
- Rhode Island Prison Chief Wrist-Slapped for Ethics Violation
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- Federal Withdrawal of Single-Drug Execution Protocol Follows Challenges in Indiana, Arizona
- Sixth West Virginia Jailer Found Guilty After Detainee Death, Estate Dismisses Claims Against PrimeCare Medical Employees
- Settlement Bars Family Separations at U.S. Border Until 2031, Pays $6.4 Million in Legal Fees and Costs
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- Pennsylvania County Forgives $65 Million in Jail Pay-to-Stay Fees
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- ‘Eye Opening’ Self-Harm Found in Washington DOC Solitary Confinement
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- California Lawmakers Address CDCR’s Banned Book List
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More from Sam Rutherford:
- Self-Harming Wisconsin Prisoner Settles Failure-to-Protect Suit for $7,000, April 1, 2025
- SCOTUS Clarifies It Had Already Been ‘Clearly Established Federal Law’ in 2004 for Purposes of AEDPA That Evidence at Trial Can Be So Prejudicial as to Violate Due Process, March 15, 2025
- Ninth and Tenth Circuits Find Bivens Extension Orders Not Immediately Appealable, March 1, 2025
- New Mexico Corrections Department Continues Pattern of Abuse With Contract Medical Provider Wexford Health Sources, Feb. 15, 2025
- Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments, Feb. 15, 2025
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025
- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025
- Washington DOC Physician Assistant Surrenders Medical License in Wake of Malpractice Allegations, Feb. 15, 2025
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025
- Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025
More from these topics:
- Eleventh Circuit Tells BOP Prisoner in Georgia: Bivens Is On “Endangered Species List”, Feb. 15, 2025. Staffing, Immunity/Liability, Staff Training, Bureau of Prisons (BOP), Civil Rights Actions or Offenses/Bivens Actions.
- $700,000 Settlement in BOP Prisoner’s Death After Court Refuses to Extend Bivens, Sept. 15, 2024. Settlements, Excessive Force (Wrongful Death), Civil Rights Actions or Offenses/Bivens Actions.
- Virginia Governor’s Veto Exposes Prisoners Who Took Plea Bargains to Civil Rights Violations, Sept. 15, 2024. State Legislation, Civil Rights Actions or Offenses/Bivens Actions, Plea Bargaining.
- Ninth Circuit: Alleged Denial of Hepatitis C Treatment to Federal Prisoner in Washington Presents Valid Bivens Claim, July 1, 2024. Hepatitis, Civil Rights Actions or Offenses/Bivens Actions.
- Seventh Circuit Affirms Dismissal of Retaliation Claim By Federal Prisoner Against Guard in Illinois Lockup Who Saw Grievance Against Him, July 1, 2024. Retaliation for Filing Grievances, Failure to Protect (General), Civil Rights Actions or Offenses/Bivens Actions.
- Fourth Circuit: South Carolina Prisoner’s Bivens Claim Must Detail Unconstitutional Acts of Each Defendant, April 26, 2024. Complaints, Civil Rights Actions or Offenses/Bivens Actions, Dismissal.
- The Good That Prisoner Rights Lawyers Do, Jan. 1, 2024. Editorials, Attorney, Civil Rights Actions or Offenses/Bivens Actions, Civil Rights Violations.
- Fourth Circuit Rebuffs Federal Prisoner’s Attempt to Expand Bivens in North Carolina, Nov. 15, 2023. Gender Discrimination -- Men, Medical, Fifth Amendment, Search and Seizure, Civil Rights Actions or Offenses/Bivens Actions.
- Texas Court of Criminal Appeals Holds Granting Motion for New Trial Because ‘Verdict Is Contrary to Law and Evidence,’ Without Further Explanation, Bars Retrial, Oct. 1, 2023. Grounds for Appeal, New Trial - Motions for, Compelling Evidence.
- Texas Court of Criminal Appeals: Adding Felony Counts by Amending Indictment Constitutes Addition of More Offenses, March 15, 2023. U.S. Sentencing Guidelines, Qualifying Offenses, Civil Rights Actions or Offenses/Bivens Actions.