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Sixth Circuit Explores Excessive Force Legal Twilight Zone; Finds Fourth, not Fourteenth Amendment Controlled by Mark Wilson On June 29, 2010, the Sixth Circuit held that a lower correct incorrectly applied the Fourteenth Amendment, rather than the Fourth Amendment to resolve a pre-trial detainee’s excessive force claim. Since the qualified …
Fifth Circuit Disallows Louisiana Deputy's Interlocutory Appeal by Matthew Clarke by Matt Clarke In an opinion filed on November 18, 2011, the Fifth Circuit Court of Appeals held that it had no jurisdiction over a Louisiana deputy's appeal from the denial of his motion for summary judgment based on qualified …
Article • February 15, 2013 • from PLN February, 2013
Supreme Court Extends Qualified Immunity to Private Attorney by The U.S. Supreme Court has extended qualified immunity to a private lawyer who was retained by a city to serve as an internal affairs investigator. In August 2006, Rialto, California firefighter Nicholas Delia became ill while responding to a fire. His …
Brief • February 4, 2013
Tomblin v. Los Angeles, Ninth Circuit, Appellant's Reply Brief, Reasonable Suspicion for Arrest, 2013 No. 11-56157 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DAVID L. TOMBLIN, Plaintiff and Appellant, v. COUNTY OF LOS ANGELES, LOS ANGELES SHERIFF’S DEPARTMENT, THOMAS LUU and DANILO R. CASTANEDA Defendants and …
9th Circuit: Class-action by Civilly Committed Sexually Violent Predators May Proceed on Claims for Declaratory and Injunctive Relief by Following remand from the U.S. Supreme Court, the Ninth Circuit reversed in part its previous published ruling, Hydrick v. Hunter, 500 F.3d 978 (9th Cir. 2007) [PLN, April 2007, p.34], which …
Article • December 15, 2012 • from PLN December, 2012
Fifth Circuit Reverses $250,000 Award to Mississippi Prisoner Held too Long by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals held that Christopher B. Epps, the Commissioner of the Mississippi Department of Corrections (MDOC), was entitled to qualified immunity after a prisoner was held beyond the date …
Brief • November 26, 2012
Barrett v. Williams, OR, Memorandum of Law, Rejecting Qualified Immunity, 2012 Case 6:11-cv-06358-HZ Document 82 Filed 05/22/13 Page 1 of 18 Case 6:11-cv-06358-HZ Document 82 Filed 05/22/13 Page 2 of 18 Case 6:11-cv-06358-HZ Document 82 Filed 05/22/13 Page 3 of 18 Case 6:11-cv-06358-HZ Document 82 Filed 05/22/13 Page 4 of …
Article • September 15, 2012 • from PLN September, 2012
Tenth Circuit Holds Due Process Requires Meaningful Segregation Reviews by Brandon Sample Prisoners indefinitely confined to administrative segregation are entitled to meaningful, periodic reviews of their segregation status, the U.S. Court of Appeals for the Tenth Circuit held on June 20, 2011, while granting qualified immunity to the prison official …
Brief • August 27, 2012
Barrett v. Williams, OR, Memo Support MSJ, Mail Censorship, 2012 Case 6:11-cv-06358-HZ Document 49 Filed 08/27/12 Page 1 of 11 ELLEN F. ROSENBLUM Attorney General KRISTIN A. WINGES-YANEZ #06552 Assistant Attorney General Department of Justice 1515 SW Fifth Ave, Suite 410 Portland, OR 97201 Telephone: (971) 673-1880 Fax: (971) 673-5000 …
Article • August 15, 2012 • from PLN August, 2012
Georgia Court Clerk Liable for Failure to Inform Prison Officials of Sentence Reduction by The Georgia Supreme Court has held that a court clerk is not entitled to official immunity in a lawsuit claiming negligent performance of a ministerial duty. At the heart of the case was the clerk’s failure …
Article • August 15, 2012 • from PLN August, 2012
Tenth Circuit Affirms Denial of Qualified Immunity to Oklahoma Jail Official Who Failed to Follow Prescribed Medical Instructions by On October 14, 2011 the Tenth Circuit Court of Appeals affirmed a district court’s denial of summary judgment, on the ground of qualified immunity, to Payne County, Oklahoma jail administrator Brandon …
Article • July 15, 2012 • from PLN July, 2012
Ohio Prison Guards Denied Qualified Immunity for Leaving Prisoner Handcuffed for 12 Hours by The Sixth Circuit Court of Appeals reversed a district court’s grant of qualified immunity to prison officials in a federal civil rights action alleging violations of a prisoner’s rights under the Eighth Amendment. Ohio state prisoner …
Brief • June 28, 2012
Cianfaglione v. Rogers et al, IL, Judgment, qualified immunity unreasonable strip search, 2012 2:10-cv-02170-MPM-DGB # 76 Page 1 of 1 E-FILED Thursday, 28 June, 2012 11:31:52 AM Clerk, U.S. District Court, ILCD Judgment in a Civil Case (02/11) UNITED STATES DISTRICT COURT for the Central District of Illinois ANGELINA CIANFGLIONE, …
Brief • June 28, 2012
Cianfaglione v. Rogers et al, IL, Order denying qualified immunity, unreasonable strip search, 2012 2:10-cv-02170-MPM-DGB # 75 Page 1 of 6 E-FILED Thursday, 28 June, 2012 11:22:20 AM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS URBANA DIVISION ANGELINA CIANFAGLIONE, ) ) ) ) ) …
Brief • June 11, 2012
Cianfaglione v. Rogers et al, IL, Jury Verdict, qualified immunity unreasonable strip search, 2012 2:10-cv-02170-MPM-DGB # 64 Page 1 of 9 E-FILED Monday, 11 June, 2012 11:59:54 AM Clerk, U.S. District Court, ILCD , UNITED COURT UNITED STATES STATES DISTRICT DISTRICT COURT OF IlliNOIS IlliNOIS CENTRAL DISTRICT OF CENTRAL DISTRICT …
Brief • June 11, 2012
Cianfaglione v. Rogers et al, IL, Jury Instructions, qualified immunity unreasonable strip search, 2012 2:10-cv-02170-MPM-DGB # 61 Page 1 of 34 E-FILED Monday, 11 June, 2012 11:51:03 AM Clerk, U.S. District Court, ILCD MEMBERS OF THE JURY, YOU HAVE SEEN AND HEARD ALL THE EVIDENCE AND WILL SHORTLY HEAR THE …
Article • May 15, 2012 • from PLN May, 2012
Ninth Circuit Holds Hawaii Prison Officials Entitled to Qualified Immunity when Calculating Release Dates in Accordance with State Law by In an interlocutory appeal, the Ninth Circuit reversed a Hawaii district court’s denial of qualified immunity to prison officials who, in apparent conformity with Hawaii state law, treated a prisoner’s …
8th Circuit Court of Appeals Dismisses Missouri Jail Failure to Protect and Medical Neglect Case by On December 23, 2008, William Holden filed a 42 U.S.C. § 1983 claim against guards in the Marion County, Missouri Jail alleging failure to protect and failure to provide adequate medical treatment. This claim …
DC Prisoner's False Imprisonment Claims Survive Summary Judgment by A federal court in the District of Columbia (DC) refused to dismiss a former prisoner's claims that she was improperly confined 149 days past her sentence expiration date. On December 15, 2005, Eloise Wormley was sentenced to 12 months in prison, …
Appeals Court Reverses Summary Judgment in Malicious Prosecution and Evidence Concealment Case against Boston Police Department by Derek Gilna By Derek Gilna In a well-reasoned opinion, the U.S. Court of Appeals for the First Circuit has permitted a Section 1983 action against the Boston Police Department (BPD) to continue. James …
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