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Barrett v. Williams, OR, Memorandum of Law, Rejecting Qualified Immunity, 2013 Case 6:11-cv-06358-HZ Document 82 Filed 05/22/13 Page 1 of 18 Case 6:11-cv-06358-HZ Document 82 Filed 05/22/13 Page 2 of 18 Case 6:11-cv-06358-HZ Document 82 Filed 05/22/13 Page 3 of 18 Case 6:11-cv-06358-HZ Document 82 Filed 05/22/13 Page 4 of …
Article • May 15, 2013 • from PLN May, 2013
Eighth Circuit Overturns Jury’s $850,000 Verdict for Nebraska Detainee’s Suicide by The Eighth Circuit Court of Appeals has reversed a jury’s verdict in favor of the estate of a pre-trial detainee who committed suicide at Nebraska’s Dodge County Jail. Circuit Judge Kermit E. Bye filed a dissenting opinion that criticized …
Article • May 15, 2013
Absolute Prosecutorial Immunity Denied by Second Circuit Court of Appeals reversed a complaint pursuant to Federal Rule of Civil Procedure 12 (B)(6) for absolute prosecutorial immunity. Stephanie Flagler, a victim of domestic violence from her ex-boyfriend Brandon Becker, was to testify as the complaining witness. Just days prior to trial, …
Article • May 15, 2013
Alabama Supreme Court Upholds Exemption for DOC Driver’s Liability by The Supreme Court of Alabama ruled in June 2006 for the state in a lawsuit that arose out of a state prisoner, Warren R. Robinson, on work-release and driving a Department of Corrections (DOC) van, backing into the vehicle of …
Article • May 15, 2013
Court of Appeals Upholds Judicial Immunity in Civil Rights Claim by The United States Court of Appeals for the Eighth Circuit affirmed in August 2012 the judgment of the U.S. District Court for the Eastern District of Missouri, that the civil rights claims against state court Judge Patrick Young be …
Article • May 15, 2013
Seventh Circuit Permits Insurance Company to Deny Coverage of Civil Rights Claims by Derek Gilna The city of Waukegan, Illinois had been issued two comprehensive general liability Insurance policies, effective November 1, 1991 to November 1, 1995. Both policies contained a “law enforcement liability provision,” providing that the insurer “would …
Washington: Failure-to-Protect Suit against King County Allowed to Proceed by The Washington Court of Appeals has reversed a superior court ruling dismissing on res judicata grounds a "Complaint for Damages" filed by a prisoner against King County, alleging that he was raped by other prisoners in the tenth floor shower …
Article • May 15, 2013
Religious Diet Qualified Immunity Test Outlined by The Seventh Circuit Court of Appeals has held that in determining whether a prison official is entitled to qualified immunity for refusing a prisoner a religious diet, the district court must know whether the official used the tenets of the religion to disqualify …
Article • May 15, 2013
Oregon Prison Officials Not Immune for Sentence Miscalculation by The Oregon Court of Appeals held that prison officials are not immune from suit for miscalculating a prisoner's sentence by 13 months. In 2000, Chester Westfall was convicted of charges in Jackson County, Oregon, and sentenced to 34 months in prison. …
ADX Prisoner Wins Settlement for Injuries Incurred in Unlit Cell by Derek Gilna Bob Allen Custard, currently an ADX Florence prisoner, has won a $7500 settlement from three Georgia federal correctional personnel for their breach of their duty to maintain a safe environment in Custard’s cell in the Atlanta Metropolitan …
Article • May 15, 2013
Supreme Court Rules on Terrorist Issue by The U.S. Supreme Court reversed and remanded in May 2011, a Ninth Circuit Court of Appeals affirmation of an Idaho district court’s holding that U.S. Attorney General John D. Ashcroft was ineligible for both qualified and absolute immunity in a Fourth Amendment issue …
McClary v. City of New York et al, NY, Plf Opp to Def MSJ, warrantless search qualified immunity, 2013 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------------------- X BRENDA MCCLARY, Plaintiff, -againstTHE CITY OF NEW YORK, a municipal entity; Sergeant SONIA CHRISTIAN (Shield #3066); MATTHEW VORRARO (Shield #15194); …
Second Circuit: Continuing Violations Exhausted with Single Grievance by The Second Circuit Court of Appeals held on May 16, 2012 that a New York district court had incorrectly concluded that a prisoner failed to exhaust his administrative remedies before bringing a religious freedom suit. Muslim prisoner Neil Johnson was confined …
Article • April 15, 2013 • from PLN April, 2013
Utah Potentially Liable for Juvenile’s Death; Incarceration Exception to State’s Immunity Inapplicable by The Utah Supreme Court has that the “incarceration exception” to the state’s waiver of sovereign immunity does not apply to a juvenile offender’s placement in an unsecured community-based proctor home. Sixteen-year-old Dillon Whitney was charged with several …
Article • April 15, 2013
US Court of Appeals Dismisses Freed Prisoner's §1983 Claim by US Court of Appeals Dismisses Freed Prisoner's §1983 Claim The United States Court of Appeals for the Seventh Circuit affirmed in December 2011 the district court’s dismissal of an Illinois prisoner’s civil rights claim against three police officers and three …
Article • April 15, 2013
US Court of Appeals Finds for Defendant District Attorney in Autopsy Photo Leak by The United States Court of Appeals for the Ninth Circuit affirmed in May 2012 the decision of the USDC SD California, dismissing the §1983 claim against and granting qualified immunity to a retired deputy district attorney …
U.S. Court of Appeals Upholds Immunity for Police after Arrest by The United States Court of Appeals for the Eighth Circuit affirmed in July 2012 the District Court’s Western District of Arkansas ruling that the several named sheriff’s deputies, et al., were entitled to qualified immunity after the active arrest …
US District Court Denies Fla. DOC Wrongful Death Defense by The United States District Court for the Middle District in Ocala denied in September 2012 the Florida Department of Corrections’ dispositive motion in the First Amendment claims of Lynn Wolfe, Plaintiff and mother of deceased DOC prisoner, Daniel Wolfe. Plaintiff …
Article • April 15, 2013
Fifth Circuit Upholds Dismissal of Suit for Delay Bringing Arrestees Before a Judge by The 5th Circuit Court of Appeals upheld the dismissal of a 42 U.S.C. § 1983 Civil Rights action, alleging the violation of the 4th and 14th Amendments of two Mississippi men, who were detained for more …
Article • April 15, 2013
Ninth Circuit: Officer May Be Liable for Unlawful Seizure and Conspiracy by On September 29, 2011, the Ninth Circuit Court of appeals held that a Michigan police officer who conspired to falsely arrest a man was not entitled to summary judgment. Nidal Bazzi, a felon on federal supervised release, was …
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