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Article • July 15, 2008
Massachusetts Woman's Nonproductive Informant Based Vaginal Drug Search Ruled Non Actionable by Massachusetts resident Shirley Rodriques petitioned for review of a 1986 appellate summary judgment grant to defendants for qualified immunity in her action for her unproductive vaginal drug search. The Supreme Judicial Court, sua sponte, assumed jurisdiction and affirmed …
Jail Liable for Labeling Arrestee’s Cell as “HIV Positive Inmate” by Jail Liable for Labeling Arrestee's Cell as "HIV Positive Inmate" The plaintiff was arrested and informed the police he was HIV positive. They put a pink sign on his holding cell door saying HIV POSITIVE INMATE, which was removed …
City and Contractor Liable for Policy of Arresting and Seizing “Potentially Intoxicated” People by City and Contractor Liable for Policy of Arresting and Seizing "Potentially Intoxicated" People The plaintiffs were seized by the police and detained in a private detoxification facility in a different town, sometimes for days; they include …
Administrative Exhaustion Required in Alabama HIV/AIDS Class Action Suit by The plaintiffs sued on behalf of themselves and all present and future HIV-positive prisoners in the state prison system, complaining both of their segregation from the general prison population and their exclusion from most programming, and of inadequate medical care. …
No Qualified Immunity for Jail Guard Who Ignored Suicidal Prisoner Tying Noose Around Neck by The decedent hanged himself after being arrested for irrational behavior under the influence of drugs. His mother, a Ph.D. clinical psychologist, said two months later that he was not suicidal when she spoke with him …
Immunity for Warden in Hiring Decision by The defendant warden was entitled to qualified immunity for departing from the usual hiring practice (i.e., preferring in-house candidates to those from other prisons) in filling a lieutenant's position in order to increase the amount of minority representation in such jobs at the …
Court Decides Against Defendant's Discovery Abuses in Texas Police Shooting Case by The decedent was discovered naked in an automobile masturbating, and he refused to come out, so of course the police killed him. At 207: "This case is a prime example of a troubling trend in civil rights cases. …
Article • May 15, 2008
Maryland Prison Officials Get Qualified Immunity for Prisoner “Retake” Orders by Maryland Prison Officials Get Qualified Immunity for Prisoner "Retake" Orders Based on a state appellate decision concerning sentence credit, prison officials decided they had released some prisoners incorrectly, so they had them arrested and reincarcerated through "retake orders." The …
Ninth Circuit Holds Washington DOC Immune From Suit for Denial of Community Custody Early Release by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that the Secretary of the Washington State Department of Corrections (WDOC) was qualifiedly immune from suit by prisoners who claimed …
Second Circuit Rejects New York’s Interlocutory Appeal of Prisoner's $7.65 Million Failure-to-Protect Jury Verdict by John Dannenberg by John E. Dannenberg The Second Circuit U.S. Court of Appeals rejected a belated attempt by the New York Department of Corrections (NYDOC) to invoke a claim of qualified immunity to thwart a …
Article • January 15, 2008
Parole Officers Must Knock and Announce Before Entering Parolee's Domicile by The Seventh Circuit Court of Appeals reversed a lower court's grant of summary judgment, finding that parole officers have a duty to knock and announce themselves before entering a residence in which a parolee is renting a room, and …
Article • January 15, 2008
SJ Reversed on Massachusetts Religious Diet Claims; MA Constitution Affords Greater Protections than U.S. Constitution by In a unanimous decision, Massachusetts' highest court reversed summary judgment on Muslim prisoners' claims that they were denied halal meat, which is required by their faith. Muslim prisoners Rashard Rasheed and Nathaniel Bilal Ahmad …
Tenth Circuit OKs First Raising Qualified Immunity on Summary Judgment by The Tenth Circuit Court of Appeals held that prison officials did not waive a qualified immunity defense by failing to raise it in responsive pleadings. The district court erred in failing to address the defense in the summary judgment …
Article • January 15, 2008
NM Prisoner Wins $490,000 for Warrantless Blood Draw by Jimmie Marshall was arrested by Hobbs, New Mexico police for driving under the influence. He submitted to a breathalyzer test but was also taken to a hospital where his blood was drawn for drug testing against his will. In 1999 Marshall …
Eleventh Circuit Condemns One-Sentence Qualified Immunity Denial Order by The Eleventh Circuit Court of Appeals has reversed an Alabama federal district court?s order denying jail officials? motions to dismiss on qualified immunity ground, admonishing the district court for only entering ?one sentence orders denying? the motions. Kevin Danley sued under …
Article • December 15, 2007 • from PLN December, 2007
$4,500 Jury Award in Delayed Medical Treatment of Illinois Prisoner Upheld by The Seventh Circuit Court of Appeals has held that "verifying medical evidence" to support a prisoner's delayed medical treatment claim can come from the prisoner's medical records and the prisoner. That ruling came in the appeal of prison …
Missing Ramadan Deadline Insufficient Cause to Deny Right to Attend by Bob Williams The United States Court of Appeals for the Seventh Circuit has reversed the dismissal of a prisoner's free exercise of religion claim, finding that missing a sign-up deadline for Ramadan was an insufficient reason to deny a …
Denying Work Release to HIV Positive Amputee May Violate ADA by The plaintiff alleged that he was denied access to shock incarceration because he is an HIV-positive amputee, and was also repeatedly denied work release. He also claimed that he was deprived of his personal wheelchair, after having it in …
Summary Judgment Reversed on Denial of Prisoner Atheist Group by Bob Williams By Bob Williams The United States Court of Appeals for the Seventh Circuit has reversed a summary judgment against a Wisconsin state prisoner whose request to form a prisoner atheist group was denied by the Wisconsin Department of …
Tenth Circuit OKs First Raising Qualified Immunity on SJ by The Tenth Circuit Court of Appeals held that prison officials did not waive a qualified immunity defense by failing to raise it in responsive pleadings, and the district court erred in failing to address the defense in the summary judgment …
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