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Article • May 1, 2025 • from PLN May, 2025
Third Circuit Denies Qualified Immunity to Pennsylvania DOC in Prisoner’s Challenge to 26 Years of Solitary Confinement by On September 20, 2024, the United States Court of Appeals for the Third Circuit found “no room for doubt” that a mentally-ill Pennsylvania prisoner has a basic constitutional right not to be …
Fifth Circuit Denies Qualified Immunity to Louisiana Officials Who Forced Prisoner to Work with Broken Surgical Screws in Ankle by Anthony Accurso by Anthony W. Accurso At the United States Court of Appeals for the Fifth Circuit on August 22, 2024, a Louisiana prisoner defeated a claim of qualified immunity …
Article • March 1, 2025 • from PLN March, 2025
Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Jailers Who Ignored Detainee’s Spider Bite by Anthony Accurso by Anthony W. Accurso In an opinion filed on July 31, 2024, the United States Court of Appeals for the Eighth Circuit upheld a district court’s denial of qualified immunity (QI) to …
Eighth Circuit Affirms Denial of Qualified Immunity to Missouri Guards in Transgender Prisoner’s Suit Alleging Retaliation and Unreasonable Search by Douglas Ankney by Douglas Ankney On April 4, 2024, the U.S. Court of Appeals for the Eighth Circuit affirmed denial of qualified immunity (QI) to defendant Missouri Department of Corrections …
Third Circuit Affirms Qualified Immunity for Pennsylvania Guards Who Pepper-Sprayed Asthmatic Prisoner by On April 11, 2024, the U.S. Court of Appeals for the Third Circuit affirmed a grant of qualified immunity (QI) to Pennsylvania Department of Corrections (DOC) guards at the State Correctional Institution in Benner, who doused an …
Eighth Circuit Upholds Denial of Qualified Immunity to Minnesota Guard Accused of Assaulting Restrained and Compliant Prisoner by Matthew Clarke by Matthew T. Clarke On May 6, 2024, the U.S. Court of Appeals for the Eighth Circuit upheld a district court’s denial of qualified immunity (QI) to a Minnesota Department …
Iowa Qualified Immunity Law Lets County Off the Hook for Guard’s Sex Abuse of Jail Detainee by Although a guard was fired from Iowa’s Polk County Jail for forcibly kissing and touching him while detained there, Justin Mowry’s lawsuit for damages against the county was dismissed on June 20, 2024. …
Article • September 15, 2024 • from PLN September, 2024
First Circuit Affirms Qualified Immunity for Massachusetts Officials Who Held Prisoner in Solitary for Two Years Without Hearing by Douglas Ankney by Douglas Ankney In a maddeningly byzantine decision on February 21, 2024, the U.S. Court of Appeals for the First Circuit dismissed a claim by Massachusetts prisoner Jwainus Perry …
Eighth Circuit Largely Restores Qualified Immunity to Minnesota Jail Guards in Use of Force on Bipolar Prisoner by David Reutter by David M. Reutter   On December 26, 2023, the U.S. Court of Appeals for the Eighth Circuit largely reversed a lower court and restored qualified immunity (QI) to guards …
Third Circuit Denies Qualified Immunity to Pennsylvania Jail Guards and PrimeCare in Detainee’s Overdose Death by David Reutter by David M. Reutter   On December 6, 2023, the U.S. Court of Appeals for the Third Circuit affirmed denial of qualified immunity (QI) to defendant officials with Pennsylvania’s Harrisburg Police Department …
Article • May 1, 2024 • from PLN May, 2024
Eighth Circuit Says Lower Court “Tilted the Scales Too Far” for Jailers in Missouri Detainee’s Fatal Overdose by David Reutter by David M. Reutter On October 19, 2023, the U.S. Court of Appeals for the Eighth Circuit reversed denial of qualified immunity (QI) to officials at St. Louis’ “Workhouse” jail …
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 …
Article • May 1, 2024 • from PLN May, 2024
Second Circuit Grants New York Officials Qualified Immunity for Prisoner’s Stolen Sentence Credits by David Reutter by David M. Reutter On October 12, 2023, the U.S. Court of Appeals for the Second Circuit affirmed the grant of summary judgment to Defendant officials with New York’s Department of Corrections and Community …
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 …
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 …
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 …
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