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Article • August 24, 2016
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 • August 24, 2016
Sixth Circuit Affirms Denial of Qualified Immunity for Michigan DOC Officials by On February 6, 2008, the U.S. Court of Appeals for the Sixth Circuit affirmed a denial of qualified immunity for three Michigan prison officials accused of violating the First Amendment and the Religious Land Use and Institutionalize Persons …
Wrongful Death Lawsuit Spurs Re-Training of Syracuse, N.Y. Jail Guards by In the wake of a wrongful death lawsuit filed by a former prisoner's widow, guards at the Onondaga County Justice Center Jail in Syracuse, N.Y., have purportedly been re-trained in the humane treatment of prisoners with drug abuse and …
Article • August 23, 2016
Department of Justice Publishes Report on Non-Federal Law Enforcement Hiring by Matthew Clarke In October 2012, the bureau of Justice Statistics of the U.S. Department of Justice published a report on the hiring and retention of state and local law enforcement officers in 2008. The report showed a strong growth …
Eighth Circuit Affirms Denial of Qualified Immunity by The Eighth Circuit Court of Appeals upheld the denial of qualified immunity to two guards on failure-to-protect claims. Minnesota prisoner Kenneth Young was assigned to Edward Whitefeather’s cell. Almost immediately, Whitefeather threatened Young, telling him that “he would do whatever he wanted …
Rikers Island Excessive Force Monell Claims Survive Dismissal by Mark Wilson A New York federal court refused to dismiss Monell Claims in a Rikers Island excessive force case. On September 28, 2013, Bobby White was incarcerated at Rikers Island, when guard Marlene Ocasio sprayed him with a chemical agent and …
Article • August 11, 2016
Fourth Circuit: No Qualified Immunity for Police Shooting Homeowner without Warning by The Fourth Circuit Court of Appeals affirmed the denial of qualified immunity to police who repeatedly shot a homeowner without warning. Just after 11 p.m., on May 2, 2007, a 911 call reported "that an altercation was occurring …
Article • August 11, 2016
Washington State Settles Over Negligent Oversight of Sexual Predator by As a result of an egregious and ongoing episode of gross negligence on the part of caseworkers and their supervisors responsible for the supervision of Daniel Martineau, a repeat sexual predator, the State of Washington Department of Corrections (DOC) settled …
San Diego County Hit With $3 Million Dollar Jury Verdict In Prisoner Jail Death by Derek Gilna In 2011, Daniel Sisson, a 21-year-old asthma-sufferer with a severe heroin addiction and already in a drug-diversion program in San Diego County, California, was arrested again for drug possession. When he went with …
Iowa Jail Guard Who Tased Mentally Ill Woman Missed Training for Three Years by After a guard tased a mentally ill woman in October 2013 to compel her to change her clothes, officials at the Muscatine County, Iowa, Jail are considering requiring less Taser training for guards rather than more. …
DOJ Intervenes in Ohio Jail Taser Class Action; County Settles by On February 4, 2011, Franklin County, Ohio officials agreed to substantially upgrade jail Taser training, use and accountability policies to settle a Class Action law suit in which the U.S. Department of Justice (DOJ) had intervened. On July 16, …
Article • August 4, 2016
Filed under: Qualified Immunity
Police Indemnification Assumptions Challenged in New Study by Derek Gilna When a citizen's civil rights are violated by the police, one of the most-widely legal remedies is a federal Civil Rights suit, also known as 1983 actions, but a recent study by Joanna C. Schwartz, Assistant Professor of Law at …
California Prison Staff Told to Fake Suicide Checks, Union Says by Joe Watson The new medical facility for prisoners in Stockton, California, run by the state's Department of Corrections and Rehabilitation (CDCR), was supposed to help correct the systemic problems CDCR has in providing adequate medical, dental and mental health …
Los Angeles County Undersheriff Convicted on Federal Obstruction, Conspiracy Charges by Christopher Zoukis Paul K. Tanaka, 57, the former second-in-command of the Los Angeles County Sheriff’s Department (LASD) and the elected mayor of Gardena, California, was found guilty on federal charges of obstruction of justice and conspiracy to obstruct justice …
Restraint Chair Deaths, Abuses Prompt Questions, Criticism and Lawsuits by Joe Watson Like another jail detainee more than seven years before him, Joshua Grose died while strapped into a restraint chair at the York County Detention Center in South Carolina. In the early morning hours of October 12, 2013, following …
Oklahoma Jail Detainee Handcuffed, Pepper-sprayed and Choked to Death by Caddo County District Attorney Jason Hicks cited his interpretation of the state’s open records law as justification for withholding reports and video footage documenting the death of Darius Robinson at the county lockup in the rural town of Anadarko, Oklahoma. …
Due Process Triggered by Seizure from Home to Prison Confinement by In affirming a grant of summary judgment on qualified immunity grounds, The Sixth Circuit Court of appeals held that for purposes of due process and unreasonable seizure protections, home confinement differs materially from in prison confinement.  Because that right …
Denial of Qualified Immunity Requires Detailed Order by The Eighth Circuit Court of Appeals remanded an Arkansas federal district court’s order denying US. Marshals qualified immunity on summary judgment. At issue was a lawsuit brought by James Clayton Solomon, who was transferred from the Oklahoma City Federal Transfer Center to …
BOP Settles Sexual Harassment Suit for $1,000 by The Federal Bureau of Prisons (BOP) paid $1,000 to settle a sexual harassment lawsuit filed by a female guard at the Federal Medical Center in Minnesota. Guard Beth Koenck alleged that in 1992 and 1993 guard Scott Christensen subjected her to “unwanted …
BOP Pays $340,000 in SHU Cellmate Assault by The federal Bureau of Prisons (BOP) agreed to a $340,000 settlement in a lawsuit brought by a prisoner who was assaulted upon being moved into a Special Housing Unit (SHU) cell. Prisoner Brendan Reilly was incarcerated at the Metropolitan Correctional Center, now …
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