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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 …
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
Tenth Circuit: No Qualified Immunity for Oklahoma Jail Guard Who Kneed Handcuffed Prisoner’s Face by Matthew Clarke by Matt Clarke On July 11, 2023, the U.S. Court of Appeals for the Tenth Circuit affirmed denial of qualified immunity (QI) to an Oklahoma jail guard because a reasonable jury could find …
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, …
Eleventh Circuit Addresses First Amendment, Due Process Interests in Georgia Prisoner Emails by New communications technology introduced in prisons and jails has raised questions as to how prisoners’ First Amendment rights are implicated. Such concerns were addressed by the U.S. Court of Appeals for the Eleventh Circuit on June 23, …
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 …
Article • June 1, 2022 • from PLN June, 2022
Filed under: Parole, Qualified Immunity
Ninth Circuit Holds California Prison Officials Entitled to Legislative Immunity When Promulgating Rules by David Reutter by David M. Reutter On August 20, 2021, the U.S. Court of Appeals for the Ninth Circuit affirmed an order finding officials with the California Department of Corrections and Rehabilitation (CDCR) are immune to …
Article • May 1, 2022 • from PLN May, 2022
$6,500 Paid by Nevada DOC After Ninth Circuit Affirms Denial of Qualified Immunity for Withholding Evidence From Prisoner Accused of Smuggling Meth in Mail by David Reutter by David M. Reutter AS PREVIOUSLY REPORTED BY PLN, OFficials with the Nevada Department of Corrections (DOC) in 2020 lost a suit filed …
Article • April 1, 2022 • from PLN April, 2022
Eighth Circuit Denies Qualified Immunity to Private Companies Providing Missouri Prisoner’s Health Care by Matthew Clarke by Matt Clarke On August 24, 2021, the U.S. Court of Appeals for the Eighth Circuit held that private companies providing health care for prisoners are not entitled to assert qualified immunity or appeal …
Article • April 1, 2022 • from PLN April, 2022
Tenth Circuit Denies Qualified Immunity to Colorado Prison Officials Who Shut Down Native American Religious Activities by Jayson Hawkins by Jayson Hawkins On July 21, 2021, the U.S. Court of Appeals for the Tenth Circuit affirmed the ruling of a lower court in Colorado that denied a motion by state …
Article • December 1, 2021 • from PLN December, 2021
Eighth Circuit Holds Arkansas Jailers Entitled to Qualified Immunity in Prisoners’ Suit Over Black Mold in Showers, Lack of Cleaning Supplies by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Eighth Circuit held that Arkansas jailers were entitled to qualified immunity in a lawsuit brought by …
Article • December 1, 2021 • from PLN December, 2021
Third Circuit: Gratuitous Use of Force on Prisoner Negates Qualified Immunity Defense by David Reutter by David M. Reutter The Third Circuit Court of Appeals reversed the grant of summary judgment in a lawsuit against a guard at New Jersey’s Cumberland County Jail (CCJ). The Court held the guard was …
Article • November 1, 2021 • from PLN November, 2021
Eleventh Circuit Upholds Immunity of Federal Prison Guards Under FTCA, Even for Blatant Unconstitutional Acts by Dale Chappell by Dale Chappell In a move that surprised few, the U.S. Court of Appeals for the Eleventh Circuit went against the grain of almost every other court and held on June 9, …
Article • November 1, 2021 • from PLN November, 2021
Lawsuit Over Denial of Medical Treatment for Painful Erection Causing Impotence in Oklahoma County Jail Reinstated by Tenth Circuit by Matthew Clarke by Matt Clarke On January 19, 2021, the United States Court of Appeals for the Tenth Circuit held that a county sheriff and three jail guards were not …
Article • October 1, 2021 • from PLN October, 2021
Eleventh Circuit Holds No Qualified Immunity on Deliberate Indifference in Heat Exhaustion Case by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals found a Georgia Sheriff’s Deputy employed excessive force by detaining a pretrial detainee “in a hot, unventilated, and unair-conditioned transport van for approximately two …
Article • August 1, 2021 • from PLN August, 2021
No Qualified Immunity for Oregon Prison Officials’ COVID-19 Response; Class Certified by Mark Wilson by Mark Wilson "The law is clearly established that individuals in government custody have a constitutional right to be protected against a heightened exposure to serious easily communicable diseases,” concluded United States Magistrate Stacie F. Beckerman …
New Federalism and Civil Rights Enforcement, 2021 Copyright 2021 by Alexander Reinert, Joanna C. Schwartz & James E. Pfander Printed in U.S.A. Vol. 116, No. 3 NEW FEDERALISM AND CIVIL RIGHTS ENFORCEMENT Alexander Reinert, Joanna C. Schwartz & James E. Pfander ABSTRACT—Calls for change to the infrastructure of civil rights …
Article • October 1, 2020 • from PLN October, 2020
Fourth Circuit Holds South Carolina DOC Lawyers Entitled to Qualified Immunity by David Reutter by David M. Reutter The Fourth Circuit Court of Appeals held that lawyers for the South Carolina Department of Corrections (SCDC) who made a legal error in interpreting new state law were entitled to qualified immunity. …
Richard v. Pfister, et al., IL, opinion and order, prisoner denied medical and other services, 2020 Case: 1:17-cv-04677 Document #: 141 Filed: 09/01/20 Page 1 of 17 PageID #:1931 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION WILLIAM H. RICHARD, Plaintiff, No. 17 C 4677 v. …
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