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Article • February 15, 2009 • from PLN February, 2009
Washington State Deputy Sheriff Not Entitled to Quasi-Judicial Immunity by Washington State Deputy Sheriff Not Entitled to Quasi-Judicial Immunity The Washington Court of Appeals held that a deputy sheriff who was negligent in transporting a prisoner from court to jail was not entitled to quasi-judicial immunity. Anthony Reijm was taken …
Article • May 15, 2008
Dismissal of Suit Against Parole Commissioner Reversed by The plaintiff alleged that a parole commissioner delayed his release for several months without justification. The district court should not have dismissed on grounds of absolute immunity without a record showing whether the commissioner's actions were quasi-adjudicative (warranting immunity) or administrative (not …
Article • December 15, 2007
Attorneys May be Sued as State Actors When Colluding with Judge by Matthew Clarke by Matthew T. Clarke On June 17, 2005, the United States Court of Appeals for the Fifth Circuit held that private attorneys could be sued as state actors in a civil rights action in federal district …
Prison Disciplinary Board Members Not Entitled to Absolute Immunity by The U.S. Court of Appeals for the Seventh Circuit held that prison disciplinary board members were entitled only to qualified immunity, not absolute immunity, in a civil rights suit; that the amount of compensatory damage award did not warrant interference …
Article • May 15, 2007
Municipal Judge Not Policy Maker in Arrestee's Toilet Denial Suit by The Tenth Circuit Court of Appeals held that a municipal judge does not act as a policy maker to impute liability against a city. The pro se plaintiff in this case filed a 42 U.S.C. § 1983 action alleging …
14 Deputies Who Kill Person in Courtroom Not Entitled to Judicial Immunity by The non-prisoner decedent persisted in trying to ask the judge a question and he told the deputies to restrain him. So 14 of them jumped on him and killed him. The deputies' conduct is not shielded by …
Article • May 15, 2007
Family Court Judge Immune From Suit by The plaintiff sued the county Department of Social Services and a Family Court judge for allegedly interfering with his correspondence with his son and ignoring his requests for visitation, and removing the child from his relatives' custody without notice to him. The Family …
No Absolute Immunity for Prison Disciplinary Board Members by The U.S. Supreme Court held that prison disciplinary board members were entitled only to qualified immunity, not absolute immunity, in a civil rights suit. Respondents, former federal prisoners at the US penitentiary in Marion, Illinois, were charged with, among other things, …
Article • May 15, 2007
Judge Immune From § 1983 Action by Judge Immune From § 1983 Action The U.S. Supreme Court held that an Indiana circuit judge acting under Indiana law was immune from liability under 42 U.S.C. 1983, even if he issued an erroneous ruling. A woman and her husband filed suit under …
Parole Board Officials Entitled to Absolute Immunity by The Ninth Circuit Court of Appeals held state parole board officials are absolutely immune from suit for actions taken when processing parole applications. This action was filed by a prisoner at the California Men's Colony who alleged violation of his First, Fifth, …
Article • May 15, 2007
Alabama Appellate Court Upholds Civil Immunity of Witness Testimony at Parole Hearing by Alabama Appellate Court Upholds Civil Immunity of Witness Testimony at Parole Hearing Alabama state prisoner William Sullivan filed a civil lawsuit in state court against William Smith and Karen Smith for slander, perjury and obstruction of government …
Article • May 15, 2007
Judicial and Good Faith Immunity Available under § 1983 by Judicial and Good Faith Immunity Available under § 1983 The United States Supreme Court held that the Civil Rights Act did not abolish the traditional immunity accorded to judges for acts within their judicial role, and that police officers can …
Personal Capacity Suits Not Barred by 11th Amendment by The United States Supreme Court has held that state officials sued in their individual capacities are "persons" within the meaning of Section 1983; the Eleventh Amendment does not bar such suits, nor are state officers absolutely immune from personal liability under …
Article • May 15, 2007
No Judicial Immunity for Expelling Person from Court Grounds by The plaintiff was issued trespass orders barring him from state courthouses and grounds after he parked a van bearing unflattering comments about one of the judges near a courthouse. The district court earlier granted a preliminary injunction against enforcement of …
Article • May 15, 2007
Psychologist Who Prepares Parole Report Gets Judicial Immunity from Suit by The plaintiff alleged that he was denied parole based on a report by the defendant psychologist. The parole denial was later reversed in court. A private actor who conducts a psychological evaluation of a parole candidate on the order …
No Immunity for Prosecutors Who Conspire to Assault Prisoner by The plaintiff alleged that prosecutors conspired to have the plaintiff assaulted by other prisoners. At 604: "These actions, if true, would be quite outside the prosecutorial sphere, and thus the absolute immunity of prosecutors as quasi-judicial officers would not apply." …
No Absolute Immunity for Parole Officials by The Seventh Circuit Court of Appeals reversed a lower court's dismissal of a suit against several parole officials, finding they were not entitled to absolute immunity. In 1990, Lance Dawson was convicted of Indiana criminal charges and placed on probation for 3 years, …
AZ Prisoner's 1983 Action against Judge and Prosecutor Barred By Absolute Immunity by AZ Prisoner's 1983 Action against Judge and Prosecutor Barred By Absolute Immunity Kenneth Ashelman, an Arizona state pretrial detainee, filed suit against the judge and prosecutor in his criminal prosecution, pursuant to 42 U.S.C. § 1983, in …
MI Disciplinary Hearing Officers Entitled to Judicial Immunity by The court of appeals for the Sixth circuit held that Michigan Department of Corrections hearing officers were entitled to judicial immunity from suits for damages because they were attorneys and professional hearing officers similar to administrative law judges. Note that the …
Article • May 15, 2007
Probation Officers Entitled to Absolute Immunity when Performing Court Function by Probation Officers Entitled to Absolute Immunity When Performing Court Function The court of appeals for the Ninth circuit held that California probation officers preparing reports for use by state courts are entitled to absolute judicial immunity from suit. The …
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