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Article • November 6, 2015
Virginia Police Officers Entitled to Sovereign Immunity in Wrongful Death Suit by Virginia Police Officers Entitled to Sovereign Immunity in Wrongful Death Suit The Virginia Supreme Court has held that two Virginia police officers accused in the wrongful death of a cyclist were not liable due to sovereign immunity. City …
Sixth Circuit Affirms Denial of Jail Nurse’s Qualified and Sovereign Immunity Defenses by Derek Gilna Sixth Circuit Affirms Denial of Jail Nurse’s Qualified and Sovereign Immunity Defenses by Derek Gilna The Sixth Circuit Court of Appeals has affirmed a decision by the United States District Court for the Northern District …
Brief • October 30, 2015
Keels v. GEO Group, NY, Complaint, hiring guard with criminal record, 2015 Case 1:15-cv-06261 Document 1 Filed 10/30/15 Page 1 of 21 PageID #: 1 OUTTEN & GOLDEN LLP Ossai Miazad Christopher M. McNerney 3 Park Avenue, 29th Floor New York, New York 10016 (212) 245-1000 IN THE UNITED STATES …
Federal Court Denies Absolute Immunity to Parole Officers by Christopher McWhorter Federal Court Denies Absolute Immunity to Parole Officers by J. Christopher McWhorter The district court for the Southern District of New York denied claims that parole officers were acting in a quasi-judicial role when they forbade a registered sex-offender …
Federal Court Abused Discretion in Denying Wrongful Death Claim with Prejudice by Federal Court Abused Discretion in Denying Wrongful Death Claim with Prejudice The Court of Appeals for the Seventh Circuit has affirmed a lower court’s dismissal of deliberate indifference claims against a sheriff and health care provider for a …
Article • October 27, 2015
Filed under: Appeals, Qualified Immunity
Alabama Supreme Court to Resolve Law Granting Jailer Immunity by Alabama Supreme Court to Resolve Law Granting Jailer Immunity The Eleventh Circuit Court of Appeals certified two questions to the Alabama Supreme Court to assist in the application of a state law that provides jailers the same immunity state executive …
Article • October 27, 2015
$2.8 Million Settlement in Washington DOC’s Failure to Supervise Parolee by $2.8 Million Settlement in Washington DOC’s Failure to Supervise Parolee The State of Washington paid $2.8 million to settle a lawsuit for injuries incurred by its failure to supervise a parolee. The Washington Department of Correction (WDOC) placed Richard …
Court Reverses Denial of Jail’s Qualified Immunity Defense by Court Reverses Denial of Jail’s Qualified Immunity Defense On December 23, 2013, the United States Court of Appeals for the Eleventh Circuit held for appellants, the supervisory defendants, in a 42 U.S.C. §1983 suit raised by plaintiff/appellee Cindy Laine Franklin asserting …
Article • October 15, 2015
Missouri Flag Desecration Statute Held Facially Unconstitutional, Attorney’s Fees Properly Assessed by Missouri Flag Desecration Statute Held Facially Unconstitutional, Attorney’s Fees Properly Assessed The U.S. Court of Appeals for the Eighth Circuit has affirmed a district court’s holding that a Missouri flag desecration statute was facially unconstitutional and has held …
No Qualified Immunity for Private Doctor Working in Prison by No Qualified Immunity for Private Doctor Working in Prison On August 12, 2012, the United States Court of Appeals for the Sixth Circuit held that a private doctor under contract at a prison is not entitled to assert a defense …
JW v. Birmingham Bd. of Education, AL, Findings of Fact - Freeze P in Schools (2015) FILED Case 2:10-cv-03314-AKK Document 282 Filed 09/30/15 Page 1 of 120 2015 Sep-30 PM 02:45 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN …
Brief • September 30, 2015
Ealy v. GEO Group, 11th Cir, Appellant Reply Brief, RA limitations sovereign immunity, 2015 No. 14-14199 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT EARVIN EALY, Plaintiff/Appellant, v. GEO GROUP, INC., et al. Defendant/Appellees. On Appeal from the United States District Court For the Middle District of …
Brief • September 29, 2015
Stamps v. Town of Framingham, MA, Brief of Amici Curiae, Wrongful Death Police Shooting, 2015 Case: 15-1141 Document: 00116895544 Page: 1 Date Filed: 09/29/2015 Entry ID: 5941384 15-1141 UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT EURIE A. STAMPS, JR. and NORMA BUSHFAN, Co-Administrators of the Estate of Eurie …
Article • September 25, 2015 • from PLN October, 2015
Doctor Involved in Botched Oklahoma Execution Unsuccessfully Sued in Federal Court by Christopher Zoukis Doctor Involved in Botched Oklahoma Execution Unsuccessfully Sued in Federal Court by Christopher Zoukis The family of Oklahoma prisoner Clayton Lockett, whose botched execution caused international outrage, filed a federal lawsuit that accused the doctor who …
Brooks et al v. Napoli et al, NY, Order, 8th Am retaliation, 2015 Case 1:07-cv-00497-JTC Document 152 Filed 09/24/15 Page 1 of 12 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ANTHONY MEDINA, MICHAEL DOXEN, and KEVEN SHORTELL, Plaintiffs, -vs- 07-CV-497-JTC DAVID F. NAPOLI, et al., Defendants. BACKGROUND In …
Brief • September 22, 2015
McCue v. City of Bangor, ME, Magistrate Rec. on Summary Judgment, Excessive Forec and Deliberate Indifference, 2015 Case 1:14-cv-00098-GZS Document 102 Filed 09/22/15 Page 1 of 27 PageID #: 954 UNITED STATES DISTRICT COURT DISTRICT OF MAINE MICHAEL MCCUE, Plaintiff, v. CITY OF BANGOR, et al., Defendants ) ) ) …
Article • September 21, 2015
Filed under: Qualified Immunity
State Attorney Shielded Under Absolute Immunity by State Attorney Shielded Under Absolute Immunity On April 23, 2012, Vermont Supreme Court affirmed the trial court ruling that the state's attorney was entitled to absolute immunity. In February 2010, South Burlington Police Officer John O'Connor filed a civil lawsuit against Chittenden County …
Article • September 18, 2015
Alabama Supreme Court Dismisses Prisoner’s Money Order Processing Fee Suit by Alabama Supreme Court Dismisses Prisoner’s Money Order Processing Fee Suit The Supreme Court of Alabama restyled then dismissed the pro se appeal of the circuit court’s dismissal of prisoner Victor J. Russo’s action against the Alabama Department of Corrections …
Article • September 18, 2015
6th Circuit Affirms for State in Brady Violation Suit by 6th Circuit Affirms for State in Brady Violation Suit On March 27, 2014, the United States Court of Appeals for the Sixth Circuit affirmed the district court’s judgment for the defendant, the State of Ohio, in an ex-death row prisoner’s …
Diamond v. Owens, GA, Order, transgender assault failure to protect train, 2015 Case 5:15-cv-00050-MTT Document 69 Filed 09/14/15 Page 1 of 57 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION ASHLEY A. DIAMOND, ) ) ) ) ) ) ) ) ) ) Plaintiff, …
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