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Article • June 6, 2014 • from PLN June, 2014
Second Circuit: RLUIPA Disallows Individual Capacity Suits by David Reutter Second Circuit: RLUIPA Disallows Individual Capacity Suits by David M. Reutter The Second Circuit Court of Appeals held in September 2013 that the Religious Land Use and Institutionalized Persons Act (RLUIPA) does not create a private right of action against …
Brief • June 6, 2014
Stephens v. Sheriff of Palm Beach County, FL, Amended Complaint, sheriff shooting unarmed paraplegic, 2014 Case 9:14-cv-80425-BSS Document 32 Entered on FLSD Docket 06/06/2014 Page 1 of 25 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 14-CV-80425-COHN/SELTZER DONTRELL STEPHENS, Plaintiff, v. RIC BRADSHAW, in his capacity as Sheriff …
Article • May 20, 2014 • from PLN May, 2014
Philadelphia Sued Over Rejection of Ad Criticizing U.S. Incarceration Policies by Michael Brodheim Philadelphia Sued Over Rejection of Ad Criticizing U.S. Incarceration Policies   by Michael Brodheim   On May 20, 2013, a federal district court in Pennsylvania denied the City of Philadelphia’s motion to dismiss in a case brought …
Article • May 20, 2014 • from PLN May, 2014
Warden Granted Qualified Immunity for Two-year Visitation Suspension by David Reutter Warden Granted Qualified Immunity for Two-year Visitation Suspension   by David Reutter   A prison official who suspended a prisoner’s visitation privileges was entitled to qualified immunity because, under the facts of the case, the prisoner did not have …
Article • May 19, 2014 • from PLN May, 2014
Ninth Circuit: County May be Liable for Wrongful Conviction Even if District Attorney Enjoys Absolute Immunity by Ninth Circuit: County May be Liable for Wrongful Conviction Even if District Attorney Enjoys Absolute Immunity   On May 8, 2013, the Ninth Circuit Court of Appeals held that the County of Los …
Article • April 15, 2014 • from PLN April, 2014
Qualified Immunity Denied to Michigan Guard for Improper Strip Search of Amputee Prisoner by The Sixth Circuit Court of Appeals affirmed the denial of qualified immunity to a Michigan prison guard who allegedly strip searched a prisoner without a legitimate penological reason for doing so. The appellate court also vacated …
Hammond v Kates, DC, Amicus Brief - HRDC, transgender abuse discrimination, 2014 USCA Case #13-5212 Document #1485371 Filed: 03/25/2014 Page 1 of 50 [ORAL ARGUMENT NOT YET SCHEDULED] ______________________________ Nos. 13-5212 & 13-5213 ______________________________ IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT ______________________________ PATTI HAMMOND …
Alabama Sheriff Made Party on Counterclaim Alleging Prisoners Subjected to Sexual Abuse by The Alabama Supreme Court has held that a third party to a lawsuit may be made a party when a counterclaim is filed. The Court also held a sheriff named as a defendant was not entitled to …
Burke v. CorrectCare-Integrated Health, KY, Critical Incident Report, Inmate Starved to Death, 2014 Case 5:15-cv-00007-TBR Document 105-1 Filed 02/04/16 Page 1 of 25 PageID #: 714 Case 5:15-cv-00007-TBR Document 105-1 Filed 02/04/16 Page 2 of 25 PageID #: 715 Case 5:15-cv-00007-TBR Document 105-1 Filed 02/04/16 Page 3 of 25 PageID …
Article • February 15, 2014 • from PLN February, 2014
Former Kansas Prisoner’s Sexual Misconduct Suit Overcomes Qualified Immunity by The Tenth Circuit has affirmed the denial of qualified immunity to a warden in a civil rights action that alleged he created and allowed a policy or culture of sexual misconduct and failed to take reasonable measures to abate that …
Article • February 15, 2014 • from PLN February, 2014
Qualified Immunity Denied to Prison Psychiatrist who Prescribed Lethal Drug Combination; $450,000 Settlement by The Sixth Circuit Court of Appeals has affirmed the denial of qualified immunity to a psychiatrist in a lawsuit brought by a prisoner’s estate. The appellate court found the evidence could establish that the psychiatrist had …
Eighth Circuit: No Qualified Immunity for Excessive Use of Force, Retaliation by The Eighth Circuit Court of Appeals has affirmed a district court’s denial of qualified immunity on a prisoner’s retaliation and excessive force claims. On July 26, 2008, Missouri prisoner Victor Santiago faced administrative segregation for failing to report …
Article • February 15, 2014 • from PLN February, 2014
Discretionary Immunity Dismissal of Ohio Prisoner’s Negligence Claims Reversed by On March 12, 2013, the Ohio Court of Appeals overturned an earlier discretionary immunity decision and reversed a lower court’s dismissal of a prisoner’s negligence claims on the basis of discretionary immunity. Ohio Department of Rehabilitation and Correction (ODRC) prisoner …
Atencio et al v. Arpaio et al, AZ, Deposition - Long, taser training, 2014 1 1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF ARIZONA 3 4 5 6 7 8 9 10 11 12 13 14 Ernest Joseph Atencio, surviving father of Ernest Marty Atencio, individually …
No Immunity for Detainee’s Death Due to Alcohol Withdrawal; $1.23 Million Settlement on Remand by The Sixth Circuit Court of Appeals held on November 20, 2012 that a Michigan county and two jail guards were not entitled to qualified immunity for a female detainee’s death due to severe alcohol withdrawal. …
Article • January 15, 2014 • from PLN January, 2014
Religious Diet Qualified Immunity Test Outlined by Seventh Circuit by The Seventh Circuit Court of Appeals has held that when determining whether a prison official is entitled to qualified immunity for refusing a prisoner’s request for a religious diet, the district court must determine whether the official used the tenets …
Article • January 15, 2014 • from PLN January, 2014
Ninth Circuit: No Summary Judgment on Claim of Excessive Use of Pepper Spray by On January 17, 2013, the Ninth Circuit Court of Appeals reversed a grant of summary judgment in favor of California prison officials, concluding that the district court had failed to consider the evidence in the light …
Brief • December 31, 2013
Slingluff v. State of Hawaii, Judgment Denying Qualified Immunity on Appeal, Medical Malpractice Leaves Prisoner Impotent, 2013 FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals 30233 31-DEC-2013 10:43 AM IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I ---oOo--GREGORY ALLEN SLINGLUFF, …
Third Circuit Allows Prisoner's Substitution of Deceased Guard’s Estate by The Third Circuit Court of Appeals held on October 16, 2012 that a district court had improperly denied a prisoner’s motion to substitute a deceased guard’s estate as a defendant. Delaware prisoner Wardell Leroy Giles filed suit in federal court …
Wyoming Sheriff Granted Qualified Immunity for Jail Guard’s Sexual Assault by The Wyoming Supreme Court has held that a county sheriff was improperly denied qualified immunity on claims that a guard in his employ sexually assaulted a female prisoner. While working as a jail guard in Utah, Todd Hoover underwent …
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