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No Qualified Immunity for Guard Who Failed to Protect Prisoner from Sexual Abuse by Brandon Sample On February 1, 2011, the U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s denial of qualified immunity to a guard accused of failing to protect a vulnerable prisoner from sexual …
Article • April 15, 2012 • from PLN April, 2012
Connecticut District Court Finds ICE Agents Not Shielded from Bivens Liability; Suit Settles for $350,000 by Derek Gilna In a lawsuit brought by the Yale Law Clinic on behalf of Hispanics swept up in an Immigration and Customs Enforcement (ICE) raid in New Haven in June 2007, the U.S. District …
Rumsfeld, Military Officials Immune from Suit by Foreign Nationals Alleging Torture on Foreign Soil by Michael Brodheim by Mike Brodheim On June 21, 2011, a divided D.C. Circuit Court of Appeals affirmed the judgment of a district court that dismissed claims for damages and declaratory relief brought by nine foreign …
United States District Court Grants Summary Judgment in Internet Libel Case by The United States District Court granted a Plaintiff’s motion for summary judgment in a 42 U.S.C. § 1983 suit, claiming violation of his Fourth Amendment rights. This action arose out of Thomas Mink’s publication of an internet based …
Brief • March 5, 2012
Cianfaglione v. Rogers et al, IL, Plf Res to Def Mot for SJ, qualified immunity unreasonable strip search, 2012 IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS URBANA DIVISION ANGELINA CIANFAGLIONE, ) ) Plaintiff, ) ) vs. ) ) TERRY ROGERS in his individual capacity, ) …
Article • February 15, 2012
Florida U.S. District Court Denies Motion for New Trial in Fourth Amendment Case, Upholds Big Damage Award by A Florida Federal District Court denied a motion for new trial following a jury verdict against Jefferson County deputies, after six days of trial concerning an illegal stop and search made by …
Article • February 15, 2012
Qualified Immunity Denied to Guard Who Failed to Provide Safe Transport by by David M. Reutter The Eighth Circuit Court of Appeals held on March 4, 2008 that a guard was not entitled to qualified immunity concerning a prisoner’s claim that the guard failed to provide safe transport, violating the …
Article • January 15, 2012 • from PLN January, 2012
Texas Prisoner’s Denial of Dentures Claim Affirmed in Part, Reversed in Part by Fifth Circuit by Nicolas Marquez, a Texas Department of Criminal Justice (TDCJ) prisoner held at the Polunsky Unit, has no teeth. He requested dentures but the request was denied because his Body Mass Index (BMI) was too …
Eighth Circuit Upholds Denial of Qualified Immunity on Medical Claims Against CMS by On July 20, 2010, the Eighth Circuit Court of Appeals affirmed in part a district court’s denial of summary judgment to prison officials on the medical claims of two Arkansas state prisoners. Arkansas Department of Corrections (ADOC) …
Article • September 15, 2011
Ohio DOC Guard Liable For Prisoner's Slip and Fall Exiting Transport Van by On March 19, 2007, Court of Claims of Ohio magistrate recommended that a state prison guard be found liable for allowing a mobility-impaired prisoner to receive injuries by slipping and falling while exiting a transport van. Edward …
Article • August 15, 2011 • from PLN August, 2011
Prison Records Officer Entitled to Qualified Immunity; No Evidence of Deliberate Indifference to Sentencing Errors by Mark Wilson On April 22, 2010, the Third Circuit Court of Appeals held that a Pennsylvania prison records officer was entitled to qualified immunity for a prisoner allegedly being confined 10 months beyond his …
Fulton County’s Blanket Strip Search Policy Unconstitutional by The Eleventh Circuit Court of Appeals has held unconstitutional a blanket strip search policy of arrestees as part of their point-of-booking into jail, of detainees who posted bond or were ordered released at the jail before booking was started or completed, and …
No Immunity for Abandonment of Disabled Prisoner by The Nevada Supreme Court, sitting En Banc, held that prison officials are liable for releasing disabled prisoners into conditions where they can’t be cared for. Nevada prisoner George Butler threw rocks at other prisoners in an October 1997 quarrel over a drug …
Fifth Circuit Grants Louisiana Prison Doctor Qualified Immunity by Matthew Clarke by Matt Clarke The Fifth Circuit court of appeals reversed a Louisiana district court’s denial of qualified immunity for a prison doctor. Anthony Gobert, a former Louisiana state prisoner, was incarcerated at the Elayn Hunt Correctional Center (EHCC) and …
Qualified Immunity Based Summary Judgment Denied in Ohio Excessive Force Case by On November 25, 2008, an Ohio federal court denied prison officials' motion for summary judgment based on qualified immunity in an excessive force case. The court also denied defendants' motions to dismiss, for judgment on the pleadings and …
Tenth Circuit Reverses Lawsuit on Hygiene Versus Court Access for Second Time by Bob Williams For the second time, the Tenth Circuit has reversed the dismissal of a pro se prisoner’s lawsuit alleging he was denied basic hygiene items when his available money was spent on court-related expenses. Colorado state …
Eighth Circuit Affirms Denial of Qualified Immunity for Guards Accused of Deliberate Indifference; $5.2 Million Verdict, $450,000 Settlement on Remand by Brandon Sample On August 20, 2009, the U.S. Court of Appeals for the Eighth Circuit affirmed a district court’s denial of qualified immunity to six Garland County Adult Detention …
Eighth Circuit Reverses Transport Rape Summary Judgment by The Eighth Circuit Court of Appeals held that prison officials were not entitled to summary judgment on a female prisoner’s claim that she was raped during transport. On December 15, 2005, Missouri prisoner Penny Whitson was being transported from the Stone County …
Michigan Jail Nurse Denied Qualified Immunity in Detainee Death Case by Mark Wilson By Mark Wilson The Sixth Circuit affirmed the denial of a Michigan jail nurse’s motion for summary judgment on qualified immunity ground related to a prisoner’s death from untreated alcohol withdrawal. On March 1, 2004, Larry Bertl …
Article • May 15, 2011
Ninth Circuit: Prejudgment Qualified Immunity Appeal Mooted By Trial on Merits by In a per curiam opinion, the Ninth Circuit dismissed as moot defendant A. Curtis Wright’s pretrial appeal of the district court’s denial of his motion for summary judgment on the ground of qualified immunity, reasoning that, since the …
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