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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 …
Article • May 1, 2023 • from PLN May, 2023
Fifth Circuit Upholds Qualified Immunity for Texas Prison Guard Who Beat Prisoner’s Arm With Baton Until It Broke by Matthew Clarke by Matt Clarke On August 31, 2022, the U.S. Court ofAppeals for the Fifth Circuit upheld a district court’s grant of qualified immunity (QI) to a Texas prison guard …
Article • March 1, 2023 • from PLN March, 2023
Second Circuit Affirms Qualified Immunity for Connecticut Cops who Sicced K-9 on Suspect in His Holding Cell by Casey Bastian by Casey J. Bastian When attempting to keep a detainee from hurting himself, are jailers entitled to injure him with impunity? On September 26, 2022, the U. S. Court of …
Tenth Circuit Affirms Denial of Qualified Immunity to Utah Jailers After Detainee’s Withdrawal Death by David Reutter by David M. Reutter On September 7, 2022, the U.S. Court of Appeals for the Tenth Circuit affirmed denial of qualified immunity (QI) to officials at Utah’s Unitah County Jail in a lawsuit …
Fifth Circuit Finds No Liability for Dallas DA Who Improperly Relied on Polygraph to Imprison Sex Offender for 13 Years by Benjamin Tschirhart by Benjamin Tschirhart In November 2022, Dallas resident Christopher Arnone was charged with sexually abusing his son. He struck a deal and entered a plea of nolo …
Third Circuit Strips Qualified Immunity From Delaware Guards Who Held Mentally Ill Prisoner in Solitary for Seven Months by David Reutter by David M. Reutter In a decision filed on November 28, 2022, the U.S. Court of Appeals for the Third Circuit reversed the grant of qualified immunity (QI) to …
Article • February 1, 2023 • from PLN February, 2023
Virginia Supreme Court Upholds Derivative Sovereign Immunity for Jail Physician by Matthew Clarke by Matt Clarke In an important decision for prisoners and jail detainees in Virginia, the state Supreme Court held on July 7, 2022, that a jail physician was entitled to a derivation of the state’s sovereign immunity. …
Fifth Circuit: No Qualified Immunity for Mississippi Sheriffs in Suit Over Mentally Ill Man’s Years-long Unlawful Detention by Matthew Clarke by Matt Clarke On August 24, 2022, the U.S. Court of Appeals for the Fifth Circuit upheld a district court’s denial of qualified immunity (QI) to the current and former …
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