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Article • July 15, 2007 • from PLN July, 2007
California Ban On Hardcover Books Held Unconstitutional by John Dannenberg by John E. Dannenberg The U.S. District Court (N.D. Cal.) held that the policy by California?s Pelican Bay State Prison (PBSP) Security Housing Unit of banning prisoners? possession of hardcover books violated their First Amendment rights. During the course of …
Coleman v. Schwarzenegger, CA., Discovery Hearing Order Prison Inspections, Medical Class Action, 2007 Case 3:01-cv-01351-TEH Document 906 Filed 10/30/2007 Page 1 of 7 1 IN THE UNITED STATES DISTRICT COURTS 2 FOR THE EASTERN DISTRICT OF CALIFORNIA 3 AND THE NORTHERN DISTRICT OF CALIFORNIA 4 UNITED STATES DISTRICT COURT COMPOSED …
Article • May 15, 2007
Summary Judgment, Qualified Immunity Denied on Deliberate Indifference Claim by The Ninth Circuit Court of Appeals has affirmed denial of summary judgment on qualified immunity grounds to a federal correctional counselor charged with deliberate indifference to a serious medical need. Robert Mahler, a prisoner at the Federal Prison Camp in …
Qualified Immunity Ends Lawsuit by Juvenile Raped by Staff by The U.S. Court of Appeals for the Eleventh Circuit held that various supervisors were not deliberately indifferent to the medical needs of an incarcerated juvenile, and they were thus entitled to qualified immunity from suit. The court further held that …
Article • May 15, 2007
Qualified Immunity Granted in Mail Inspection Case by A federal court in Nevada held that since the constitutionality of prison procedures governing the opening of prisoner mail was unclear, prison officials enjoyed qualified immunity with respect to the opening of a piece of mail from the Federal Bureau of Investigation, …
Article • May 15, 2007
Qualified Immunity Denial Upheld in Jewish Prisoner's Religious Freedom Claim by Qualified Immunity Denial Upheld in Jewish Prisoner's Religious Freedom Claim The U.S. Ninth Circuit Court of Appeals upheld denial of qualified immunity to defendant prison officials by a California federal district court in a case where a Jewish prisoner …
Article • May 15, 2007
Qualified Immunity Discussed in Texas Over Detention Suit by The Fifth Circuit Court of Appeals held that jail officials failed to present sufficient evidence to allow the question of qualified immunity to be submitted to the jury. This action was filed by a former prisoner of the Dallas County Jail …
Article • May 15, 2007
Qualified Immunity to Prison Guard in Prisoner Shooting by Upholding decisions by the U.S. District Court, Northern District of California, the U.S. Ninth Circuit Court of Appeals held that a California state prison guard was not entitled to qualified immunity for shooting and killing a state prisoner but that the …
Article • May 15, 2007
Denial of AIDS Cocktail: Actionable in Tacoma Jail Suit by The Ninth Circuit Court of Appeals held that officials at the Pierce County Jail in Washington State are not entitled to qualified immunity for their failure to provide a pre-trial detainee an AIDS "cocktail" promptly upon booking. The detainee was …
Article • May 15, 2007
Federal Officials Subject to Suit for Damages by In this landmark ruling the U.S. Supreme Court held that damages can be recovered from a complaint that states a federal cause of action under the Fourth Amendment if injury can be proven. This was the first time the Supreme Court upheld …
Article • May 15, 2007
CA Guard Granted Qualified Immunity for Shooting Prisoner in Yard Fight by The Ninth Circuit Court of Appeals held a guard who shot a prisoner during a disturbance on the prison yard is entitled to qualified immunity. While at the California State Prison in Sacramento, the prisoner was standing three …
Article • May 15, 2007
Failure to Administer Doctor's Treatment Plan States Eighth Amendment Claim by The Sixth Circuit Court of Appeals held that a nurse's failure to administer treatment ordered by a doctor states an Eighth Amendment violation that is not entitled to a qualified immunity defense. David G. Boretti, a Michigan prisoner, was …
Washington Prisoners Challenge Confinement Beyond EERD; Class Action Certification Granted; Defendants Get Qualified Immunityndants Get Qualified Immunity by Washington Prisoners Challenge Confinement Beyond EERD; Class Action Certification Granted; Defendants Get Qualified Immunity On December 22, 2004, four former prisoners of the Washington Department Of Corrections (WDOC) brought suit in federal …
Article • May 15, 2007
Eleventh Circuit: Florida Jail Officials Immune in Juvenile's Suicide by In this case involving the suicide of a juvenile in the Okaloosa County (Florida) jail, the U.S. Eleventh Circuit Court of Appeals held that the sheriff and a jailer were entitled to qualified immunity. Dustin Molbert, a juvenile who was …
No SJ for Police Who Injured State Prisoner by The U.S. Court of Appeals for the First Circuit held that summary judgment in favor of police officers who were being sued by a state prisoner was precluded by issues of fact. Local and state police responded to a call for …
Article • May 15, 2007
No SJ in § 1983 Claim Over GA Prisoner's Death by No SJ in § 1983 Claim Over GA Prisoner's Death The Court of Appeals of Georgia held that genuine issues of material fact precluded summary judgment in a civil rights action brought by a deceased prisoner's daughter and administrator …
Summary Judgment of Eighth Amendment Claims Reversed by The U.S. Court of Appeals for the Tenth Circuit reversed and remanded the summary judgment of a prisoner's Eighth Amendment claim. Robert DeSpain, a Wyoming state prisoner, brought a civil rights action against prison officials alleging cruel and unusual punishment in violation …
Article • May 15, 2007
Minnesota: No Immunity in Pregnant Detainee's Deliberate Indifference Suit by In this interlocutory appeal, the U.S. Eighth Circuit Court of Appeals held that a pregnant pre-trial detainee who was denied medical care alleged sufficient facts to preclude defendants' motion for summary judgment based on qualified immunity. After being arrested shortly …
Article • May 15, 2007
Ninth Circuit's One-Interlocutory-Appeal Rule Overturned by The U.S. Supreme Court held that denial of summary judgment based on qualified immunity was an appealable "final decision" despite a prior appeal on the same grounds. Respondent, Robert J. Pelletier, brought an action under Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. …
Article • May 15, 2007
U.S. Supreme Court Holds There Is No Interlocutory Appeal on Municipal Liability by U.S. Supreme Court Holds There Is No Interlocutory Appeal on Municipal Liability The U.S. Supreme Court held that municipalities are not entitled qualified immunity from suit, and that appellate courts do not have authority to review unrelated …
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