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Article • January 13, 2016
Fifth Circuit Holds No Bivens Action Available for Immigration Arrests by Two undocumented immigrants who were subjected to traffic stops and arrested by federal Customs and Border Patrol agents far from the border filed Bivens actions against the agents including claims of due process violations, requests for relief under the …
Article • January 12, 2016
Ohio County Jail Overcrowded, Understaffed and On Verge of 'Catastrophe' by Joe Watson The results of a September 2013 inspection of the Hamilton County Jail in Cincinnati, Ohio, revealed that the facility failed to adequately meet 48 of 69 standards set by the Ohio Department of Rehabilitation and Correction (ODRC). …
Article • January 12, 2016
Escape from Jail in Small Washington Town Not, Like, a 'Big Raging' Deal by Joe Watson When Johnny Cagle, 53, escaped from the Wapato jail near Yakima, Washington, on the evening of July 1, 2013, he probably assumed he had precious, little time to get as far away as possible …
Article • January 11, 2016
Washington State Must Rehire 3 Guards Fired for Complacency by David Reutter An arbitrator ordered the state of Washington Department of Corrections (WDOC) to rehire three guards fired on the heels of a guard’s murder. The arbitrator’s ruling found that “widespread… complacency” existed at the Monroe correctional Complex (MCC), which …
Brief • January 8, 2016
McDaniel v. Tom Green County, TX, Complaint, Wrongful Death Medical Neglect, 2016 Case 6:16-cv-00002-C Document 1 Filed 01/08/16 Page 1 of 14 PageID 1 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS SAN ANGELO DIVISION CHARLEY McDANIEL, and CORY WILLIAMS, individually and as heirs at law to the …
West Virginia Supreme Court Undermines Prisoners’ Right to Sue for Rape by West Virginia Supreme Court Undermines Prisoners’ Right to Sue for Rape In a March 27, 2014 decision, the Supreme Court for the state of West Virginia held that a female prisoner who claimed she had been raped multiple …
Article • December 1, 2015 • from PLN December, 2015
One of Two Charges Dropped against Former Texas Governor in Abuse-of-Power Case by Matthew Clarke One of Two Charges Dropped against Former Texas Governor in Abuse-of-Power Case by Matt Clarke One criminal charge has been dismissed in an abuse-of-power case filed against ex-Texas Governor Rick Perry, but a second charge …
Article • November 17, 2015
North Carolina District Attorney Not Entitled to Qualified Immunity for Allegedly Firing Employee Based on His Public Statements Criticizing Program by North Carolina District Attorney Not Entitled to Qualified Immunity for Allegedly Firing Employee Based on His Public Statements Criticizing Program The U.S. Court of Appeals for the Fourth Circuit …
Article • November 13, 2015
Federal Court Improperly Defers Judgment, Allows Discovery on Qualified Immunity Defense by Federal Court Improperly Defers Judgment, Allows Discovery on Qualified Immunity Defense The Fifth Circuit Court of Appeals has held that a lower court incorrectly deferred judgment on the defendants’ motion seeking qualified immunity and improperly allowed limited discovery. …
Dismissal of Prisoner’s Federal and State Claims Not Warranted; Prison Employees Not Automatically Immune from Liability by Dismissal of Prisoner’s Federal and State Claims Not Warranted; Prison Employees Not Automatically Immune from Liability The U.S. District Court for the Middle District of Pennsylvania has held that a state prisoner sufficiently …
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 …
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