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Qualified Immunity Denied to Former New Mexico Warden in Prisoner’s Sexual Abuse Claim by On October 6, 2023, the federal court for the District of New Mexico stood fast in its refusal to grant qualified immunity (QI) to a defendant warden with the state Corrections Department (NMCD) in a prisoner’s …
Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died by David Reutter by David M. Reutter On December 15, 2022, the U.S. Court of Appeals for the Seventh Circuit reversed denial of qualified immunity (QI) to Illinois …
Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better by David Reutter by David M. Reutter In a maddening decision issued on January 31, 2023, the U.S. Court of Appeals for the Eighth Circuit reversed the denial of qualified immunity (QI) to four …
Brief • April 11, 2024
Estate of Arthur Stapler v. Alabama DOC, AL, Complaint, Unlawful Removal of Organs, 2024 DOCUMENT 2 ELECTRONICALLY FILED 4/11/2024 4:16 PM 03-CV-2024-900568.00 CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA GINA J. ISHMAN, CLERK IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA BILLY WAYNE STAPLER, Plaintiff, v. ) ) ) ) Case …
Third Circuit Unhappy with Federal Detainee’s Denied Marriage Request at Pennsylvania GEO Group Lockup by On September 19, 2023, the U.S. Court of Appeals for the Third Circuit revived a claim by Brian Davis, a Jamaican national held for four years at Pennsylvania’s Moshannon Valley Correctional Center (MVCC). The prison …
Sixth Circuit Refuses Michigan Prisoner’s Excessive Force Claim Despite Guard’s Conviction for Battery by David Reutter by David M. Reutter On August 16, 2023, the U.S. Court of Appeals for the Sixth Circuit affirmed dismissal of a Michigan prisoner’s lawsuit with an outrageous-­sounding opinion that a guard “may have violated …
Eighth Circuit Affirms Qualified Immunity for Missouri Prison Chief in Sexual Abuse Claims Against Former Guard by David Reutter by David M. Reutter On August 23, 2023, the U.S. Court of Appeals for the Eighth Circuit reversed denial of qualified immunity (QI) to Anne Precythe, Director of the Missouri Department …
Eighth Circuit Issues Primer on Informal Due Process Procedures to Missouri Prisoner by David Reutter by David M. Reutter On April 24, 2023, the U.S. Court of Appeals for the Eighth Circuit reversed a lower court and granted qualified immunity (QI) to officials with Missouri’s Department of Corrections (DOC) in …
Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis by Mark Wilson by Mark Wilson On August 24, 2023, the U.S. Court of Appeals for the Eighth Circuit affirmed denial of qualified immunity (QI) to a Minnesota jail guard in a …
Article • February 1, 2024 • from PLN February, 2024
Rikers Island Guard Accidentally Records Himself Planting Shiv in Prisoner’s Cell by Bronx District Attorney Darcel D. Clark and New York City Department of Investigation (DOI) Commissioner Jocelyn E. Strauber announced on October 27, 2023, that a guard at the city’s Rikers Island jail complex had been indicted for evidence …
Fifth Circuit Denies Qualified Immunity to Louisiana Prison Chief for Prolonging Prisoner’s Detention with Sex Offender Misclassification by David Reutter by David M. Reutter On July 17, 2023, the U.S. Court of Appeals for the Fifth Circuit affirmed denial of qualified immunity (QI) to Louisiana Department of Public Safety and …
Article • February 1, 2024 • from PLN February, 2024
Second Circuit Says New York Prisons Must Answer for Denying Court-Ordered Rehab by David Reutter by David M. Reutter On July 4, 2023, the U.S. Court of Appeals for the Second Circuit affirmed denial of qualified immunity (QI) to New York state prison officials who refused a prisoner’s judicially ordered …
Brief • January 2, 2024
Ahmadi v. King County, WA, Complaint, Unlawful Detention, 2024 Case 2:24-cv-00002-RAJ 1 3 RATIB AHMADI, 5 6 7 8 11 12 Page 1 of 11 Case No.: 2:24-cv-2 Plaintiff, CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL vs. KING COUNTY, WASHINGTON, Defendant. 9 10 Filed 01/02/24 UNITED STATES DISTRICT COURT …
Second Circuit Strips Qualified Immunity from Connecticut Officials Who Ignored Prisoner’s Scalp Lesions by David Reutter by David M. Reutter Observing that “Eighth Amendment claims for the deprivation of medical care are not analyzed body-part by body-part,” the U.S. Court of Appeals for the Second Circuit ruled on July 14, …
Fifth Circuit Revives Suit Against Texas Jailers Who Tasered Detainee Suffering Epileptic Seizure by Douglas Ankney On July 18, 2023, the U.S. Court of Appeals for the Fifth Circuit reversed a district court’s grant of summary judgment to jailers who tasered a detainee suffering an epileptic seizure at the Pasadena …
Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Guard Accused of Provoking One Prisoner to Attack Another by Douglas Ankney by Douglas Ankney On August 23, 2023, the U.S. Court of Appeals for the Eighth Circuit affirmed the judgment of a lower court in favor of Arkansas prisoner Deverick …
Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders by Mark Wilson by Mark Wilson On February 1, 2023, the Minnesota Supreme Court held that civilly committed sex offenders have a clearly established right to transfer to Community Preparation Services (CPS) within a reasonable time. What is …
Article • August 15, 2023 • from PLN August, 2023
Second Circuit Affirms Denial of Qualified Immunity to N.Y. Prison Official Who Imposed Post-Release Supervision on Prisoner – But Reverses Damages Award by David Reutter by David M. Reutter On March 23, 2023, the U.S. Court of Appeals for the Second Circuit held it was not error to deny qualified …
No Charges for Georgia Guards Who Allegedly Abetted Attack That Left Prisoner Dead by Keith Sanders by Keith Sanders On September 30, 2022, nineteen-year-old Quafabian McBride was fatally stabbed in the heart during a fight between rival gangs at Georgia’s Phillips State Prison. McBride and fellow “Rolax Bloods” member Dejuan …
Second Circuit Restores Qualified Immunity for Parole Commissioners Imposing Onerous Conditions for Prisoner’s Release by Keith Sanders by Keith Sanders On March 20, 2023, the U.S. Court of Appeals for the Second Circuit reversed a lower court’s denial of summary judgment to members of the New York Board of Parole …
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