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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 …
New Hampshire Supreme Court Revives Prisoner's Negligence Action by Last year the New Hampshire Supreme Court reversed a lower court’s dismissal of a prisoner’s negligence claims, finding they were permitted under RSA 507-B:2. On September 9, 2007, New Hampshire county prisoner Dana Chatman was part of a work crew assigned …
California: State Not Liable for Failure to Provide Needed Treatment so Long as Medical Care is Summoned by On January 15, 2013, the California Court of Appeal held that state prison officials were immune from liability, as a matter of law, for decisions that resulted in a prisoner failing to …
Barrett v. Williams, OR, MSJ Opinion and Order, Mail Denied due to Pictures on Envelope, 2013 Case 6:11-cv-06358-HZ Document 103 Filed 11/14/13 Page 1 of 25 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON JACOB BARRETT, Plaintiff, Case No. 6:11-cv-06358 OPINION & ORDER v. MAX WILLIAMS, et …
Oates et al v. Dorsey et al, NM, Plf Mot in Support of Prel Settlement, guard brutality threat humiliation nuts to butts, 2013 Case 1:11-cv-00254-MCA-GBW Document 139 Filed 09/16/13 Page 1 of 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO J.O. and ROBERT SALAZAR on …
Oates et al v. Dorsey et al, NM, Settlement, guard brutality threat humiliation nuts to butts, 2013 Case 1:11-cv-00254-MCA-GBW Document 139-1 Filed 09/16/13 Page 1 of 6 SETTLEMENT AGREEMENT Plaintiffs John Oates, Michael Crohan, Joseph Salazar, John Alarid, Robert Salazar and Florentino Sena individually and on behalf of the settlement …
Article • September 15, 2013 • from PLN September, 2013
Qualified Immunity for NY Prison Officials who Failed to Award Parole Jail Time by The Second Circuit Court of Appeals held on August 7, 2012 that prison officials who failed to properly award parole jail time (PJT) credits to two prisoners serving concurrent prison and jail sentences were entitled to …
Fifth Circuit Says Private Prisons Liable Under Section 1983 by The Fifth Circuit Court of Appeals held that private prison-management corporations and their employees may be sued under 42 U.S.C. § 1983. “Billy Rosborough is a prisoner of the Bradford State Jail, a Texas prison owned and operated by…Management and …
Article • August 15, 2013
Tenth Circuit: No Qualified Immunity for Strip Search by The Tenth Circuit Court of Appeals affirmed the denial of qualified immunity to a deputy who conducted an improper strip search of a woman confined due to mistaken identity. On April 18, 2005, Lakewood, Colorado police responded to an altercation between …
Article • August 15, 2013
Fourth Amendment: Unclear When Social Workers Violate by A U.S. appellate court held that three state social workers were entitled to qualified immunity from Fourth Amendment violations while a sheriff’s deputy was not. The U.S. Court of Appeals, Sixth Circuit, reviewed the decision of a U.S. District Court in Tennessee …
Qualified Immunity Denied to Nurses who Ignored Prisoner's Symptoms of Active TB; $2.28 Million in Damages, Fees and Costs on Remand by The Eighth Circuit Court of Appeals held on July 12, 2012 that a former prisoner had presented sufficient evidence against three nurses to overcome qualified immunity in a …
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