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$19.6 Million Verdict in Nassau County New York for Arrestee Run Over By Police by On February 19, 2010, a federal jury awarded $16.6 million to a former construction worker who was run over by a cop in 2005. Thomas Hartman sued Nassau County detective Karl Snelders after Snelders ran …
Article • May 15, 2011 • from PLN May, 2011
No Interlocutory Appeal from Denial of Motion for Reconsideration; $6,000 Settlement in New York Jail Abuse Case by The collateral order doctrine does not allow government defendants to take an interlocutory appeal from the denial of a motion for reconsideration of a district court’s denial of qualified immunity, the Second …
Article • April 15, 2011
California: Renewed Motion for Attorney Fees Properly Denied When Correct Authority Not Diligently Raised by The California Court of Appeal has affirmed the denial of two requests for attorney fees brought by the state of California, two state agencies and three state officials (collectively, the state), after they successfully defended …
Article • April 15, 2011
Appeal for Summary Judgment Upheld for Qualified Immunity by The Eleventh Circuit Court of Appeals upheld a Georgia Federal District Court’s order granting dismissal of a lawsuit alleging use of excessive force on a prisoner. On January 28, 2007, Reginald Fennell was arrested for several misdemeanor charges. As he was …
Article • April 15, 2011
Qualified Immunity Denied in Taser Suit by On December 28, 2009, the U.S. Court of Appeals for the Ninth Circuit affirmed a denial of qualified immunity for a police officer accused of using excessive force during a traffic stop. Carl Bryan was stopped by Officer Brian McPherson of the Coronado …
Article • April 15, 2011
First Circuit Enters Stay to District Court Proceedings Following Interlocutory Appeal by On August 4, 2010, the U.S. Court of Appeals for the First Circuit stayed district court proceedings in a 42 U.S.C. § 1983 suit following an interlocutory appeal by three Boston police officers who were sued in their …
U.S. Supreme Court Upholds $625,000 Judgment for Female Prisoner Molested by Ohio Prison Guard by John Dannenberg by John E. Dannenberg On January 24, 2011, the U.S. Supreme Court (USSC), ruling on a relatively minor procedural issue regarding the timing of a defense motion for summary judgment, upheld a $625,000 …
Article • March 15, 2011
Ninth Circuit: Forcible DNA Extraction Violates Fourth Amendment by The Ninth Circuit Court of Appeals held that a detective’s forcible taking of a DNA sample at the request of a prosecutor violated a detainee’s clearly established Fourth Amendment rights, barring qualified immunity. Clark County Deputy District Attorney Elissa Luzaich wanted …
Article • February 15, 2011 • from PLN February, 2011
Denial of Qualified Immunity Reversed in Michigan Prison Wage Suit by The U.S. Court of Appeals for the Sixth Circuit reversed a district court’s denial of qualified immunity for Michigan prison officials accused of violating a prisoner’s due process rights. In April of 2001, David Pickelhaupt was given a physical …
Article • October 15, 2010 • from PLN October, 2010
Ninth Circuit Says Qualified Immunity Warranted for Comb-Binding Denial by Mark Wilson On December 2, 2009, the Ninth Circuit Court of Appeals found that a prison librarian was entitled to qualified immunity for denying a prisoner’s request to comb-bind his legal papers. Oregon prisoner Frank Phillips intended to file a …
Article • August 15, 2010 • from PLN August, 2010
Ninth Circuit: No Qualified Immunity for Refusing to Feed Prisoner by Mark Wilson The Ninth Circuit Court of Appeals has held that a prison guard was not entitled to qualified immunity for depriving a prisoner of 16 meals over a 23-day period. In 2001, Ronald P. Foster was confined at …
$500,000 Settlement in Maryland Prisoner’s Death from Pepper Spraying by David Reutter by David M. Reutter A half-million dollar settlement was paid to the family of a Maryland prisoner who died when prison officials used excessive pepper spray while extracting him from his cell, and then failed to provide medical …
Brief • August 3, 2010
Cianfaglione v. Rogers et al, IL, Complaint, qualified immunity unreasonable strip search, 2010 IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS URBANA DIVISION ANGELINA CIANFAGLIONE, ) ) Plaintiff, ) ) vs. ) ) TERRY ROGERS in his individual capacity, ) DEE BURGIN, in his individual capacity, …
Sixth Circuit: No Eleventh Amendment Immunity When ADA Claim Includes Fourteenth Amendment Violations by Matthew Clarke by Matt Clarke On January 5, 2010, the Sixth Circuit Court of Appeals upheld a Michigan district court’s denial of Eleventh Amendment immunity for a claim involving both a violation of the Americans with …
CMS Nurse Denied Summary Judgment for Failure to Treat Prisoner for Heat Illness;$400,000 Settlement Following Sixth Circuit Ruling by David Reutter by David M. Reutter In February 2009, the Sixth Circuit Court of Appeals affirmed the denial of summary judgment to a Correctional Medical Services (CMS) nurse in a lawsuit …
San Francisco Settles Wrongful Incarceration Cases for $7.5 Million by Michael Brodheim Nearly six years after his release from prison, Antoine Goff received a measure of belated justice – a $2.9 million settlement for almost 13 years of wrongful incarceration. Goff and his co-plaintiff, John “J.J.” Tennison, had filed complaints …
Eleventh Circuit Reverses/Affirms Denial of Qualified Immunity in Retaliation Case by On June 22, 2007, the U.S. Court of Appeals for the Eleventh Circuit affirmed in part and reversed in part a district court’s denial of qualified immunity for four Georgia prison officials accused of retaliation. Danny Hicks sued Warden …
New York’s Catch-All Contraband and Anti-Smuggling Rules Unconstitutionally Vague by In a suit for damages and injunctive relief, the Second Circuit Court of Appeals affirmed the district court’s de-termination that prison prohibitions against “smuggling” and “contraband” were unconstitutionally vague as applied to Mujahid Farid, a New York state prisoner serving …
No Qualified Immunity for Excessive Force at Ohio Jail by The Sixth Circuit Court of Appeals affirmed the denial of qualified immunity to Ohio jailers on a detainee’s excessive force, denial of medical care, equal protection and state law claims. On April 3, 2004, Ohio State Highway Patrol Trooper Helen …
No Qualified Immunity for Denial of Protective Custody to Ohio Prisoner by The Sixth Circuit Court of Appeals affirmed a lower court’s denial of qualified immunity in an Ohio prisoner’s lawsuit raising a failure to protect claim. Ohio prisoner George Hamilton was the target of a “hit” by the Aryan …
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