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Article • May 15, 2007
Qualified Immunity Not Applicable to Private Defendants by The U.S. Supreme Court held that qualified immunity from suit, with respect to government officials is not available to private defendants charged with § 1983 liability for invoking state replevin. In July 1986, Bill Cole sought to dissolve a cattle partnership with …
NJ Prisoner's § 1983 Action Against Parole Board and Its Agents Dismissed as Incognizable by NJ Prisoner's § 1983 Action Against Parole Board and Its Agents Dismissed as Incognizable In 1997, John Williams was a New Jersey state parolee. His parole officer arrested him for changing jobs without permission and …
Article • May 15, 2007
Qualified Immunity Upheld on Supermax Mental Illness Aggravation by The Seventh Circuit Court of Appeals affirmed a lower court's grant of qualified immunity on a mentally ill prisoner's condition of confinement claim. Wisconsin prisoner Christopher Scarver is schizophrenic and delusional. He has murdered three people, two of them in prison …
Article • May 15, 2007
WI DOC Not Entitled to Qualified Immunity for Holding Prisoner Past His Release Date by WI DOC Not Entitled to Qualified Immunity for Holding Prisoner Past His Release Date James Allen, a Wisconsin state prisoner, was held 377 days beyond his mandatory release date because he didn't have a Department …
MA Mental Health Patient Wins Over $1.5 M for Beating by Hospital Staff by On August 12, 1993, Jason Davis, a Massachusetts state mental health patient at the Westborough State Hospital left without permission and drank an undisclosed amount of alcohol. He was found later that day and returned to …
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 …
Sheriff Not Liable for Deputy Abusing Arrestee by The plaintiff was in an accident and was arrested for DWI. She alleged that she was verbally threatened and recklessly shoved into a police car, injuring her, and that the deputy intentionally drove in such a way as to cause her more …
One Week Connecticut Lockdown Conditions Upheld by The prison was locked down for a week and plaintiffs sued for damages over the conditions. At 237-38: "While prison officials may impose institutional lockdowns, the conditions under which the inmates are confined must not violate the Eighth Amendment." The court holds these …
No Qualified Immunity for Force Feeding Prisoner Who Agrees to Eat by The Muslim plaintiff fasted periodically for three to 15 days. On the fourth day of a fast, the defendant doctor declared him to be on a "hunger strike" and said he was lethargic, slow walking and talked with …
Article • May 15, 2007
Qualified Immunity Claims Should Be Resolved First by At 359: The "better approach to resolving" [qualified immunity] claims is to first determine whether the plaintiffs have alleged a violation of a constitutional right, and then, if they have, to determine whether the right was clearly established at the time of …
Qualified Immunity for Prison Psychiatrist Who Fails to Protect Prisoner by The plaintiff told a prison psychologist that he thought he was at risk of attack, and she did nothing, concluding that it was all in his head (i.e., he was reliving past trauma). Also, in subsequent sessions, he indicated …
Article • May 15, 2007
Jail Official Gets Immunity for Delaying Prisone'rs Release for One Day by Jail Official Gets Immunity for Delaying Prisoner's Release for One Day A county prison official was entitled to qualified immunity for delaying the plaintiff's release for a day based on an alleged warrant from Massachusetts that she had …
Important Application of Qualified Immunity to Supervisory Liability Claims by This is probably the most important opinion the Second Circuit has issued concerning the application of qualified immunity to supervisory liability. Although it is not a prison case, it has significant implications for a largely unrecognized question in prison litigation. …
South Dakota Juvenile Strip Searches Enjoined by Former juvenile detainees challenged the policy of strip-searching all juveniles admitted to the detention center regardless of the nature of their charges or the existence of reasonable suspicion. The policy is unconstitutional. An expert's conclusions that the policies and procedures were "neither unconstitutional …
Article • May 15, 2007
Qualified Immunity for Maryland Officials Requiring Jewish Prisoner to Clean Cell on Sabbath by Qualified Immunity for Maryland Officials Requiring Jewish Prisoner to Clean Cell on Sabbath Prison officials' designation of Saturday as cell cleanup day violated the Free Exercise clause as applied to an Orthodox Jewish prisoner. (They made …
Article • May 15, 2007
No Immunity for Beating Brain Injured MD Prisoner by The plaintiff, who had had a prior brain injury and was acting disruptively in his cell, was subjected to a cell extraction and sustained further disabling brain injury as a result of trauma including a facial fracture. However, as a result …
No Qualified Immunity for Mental Hospital Strip Searches by The individual plaintiff was subjected to a strip and body cavity search on his voluntary admission to a civilian mental hospital pursuant to a standing order applicable specifically to him. Disability Advocates, Inc., a PAMII organization, is also a plaintiff. The …
No Qualified Immunity for Firing Jail Medical Director Over Trial Testimony by The plaintiff alleged that he was fired as jail administrator in retaliation for giving truthful testimony in the civil trial of claims by nurses fired by the jail's medical contractor for criticizing mental health services in the jail. …
Article • May 15, 2007
No Immunity for Denying Transsexual Prisoner Treatment under Unconstitutional Policy by No Immunity for Denying Transsexual Prisoner Treatment under Unconstitutional Policy The plaintiff, a pre-operative transsexual, tried to get treatment for gender identity disorder in prison and was ignored for two years. His grievance requested "all of the minimal, though …
Article • May 15, 2007
No Immunity in Kansas Jail Suicide by The decedent's mother notified the prison's second-shift supervisor that her son had threatened suicide; he directed a search of the decedent's cell, where a tear-stained suicide note was found. The supervisor ordered him placed on suicide watch and moved to a "hard lockdown" …
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