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Article • August 15, 2013 • from PLN August, 2013
DC Circuit: Qualified Immunity for Retroactive U.S. Parole Commission Regulations by The Court of Appeals for the District of Columbia (DC) Circuit has affirmed a district court's grant of qualified immunity to U.S. Parole Commission officials related to the retroactive application of parole regulations. In 1993, Melvin Taylor was convicted …
8th Circuit Allows Reckless Investigation Suit to Proceed After DNA Evidence Leads to Pardons for Four Convicted Murderers by In October 2012, the Eighth Circuit Court of Appeals held that four individuals (two men and two women), who had pleaded guilty or no contest to a Gage County, Nebraska rape/murder …
8th Circuit: Qualified Immunity Denied to Nebraska Investigative Team Which Manufactured False Evidence to Secure Murder Conviction of Innocent Party by In October 2012, the Eighth Circuit Court of Appeals affirmed the denial of qualified immunity to a team of investigators accused of conspiring to manufacture false evidence and procuring …
Article • July 15, 2013 • from PLN July, 2013
$737,500 Settlement after Seventh Circuit Finds No Qualified Immunity for Prisoner's Suicide by The Seventh Circuit Court of Appeals has upheld a district court's partial denial of qualified immunity in a case involving the suicide of a Wisconsin prisoner. "Jessie Miller led a tragically short and troubled life. Exposed to …
Article • July 15, 2013 • from PLN July, 2013
Ninth Circuit: Enemy Combatant Detention/Torture Not Clearly Established by Last year, the Ninth Circuit Court of Appeals held that recent U.S. Supreme Court precedent compelled it to conclude that federal officials were entitled to qualified immunity for the treatment of enemy combatants detained after the September 11, 2001 terrorist attacks, …
Article • July 15, 2013 • from PLN July, 2013
Sixth Circuit: Failed Cancer Diagnosis Not Deliberately Indifferent by The Sixth Circuit Court of Appeals has reversed a lower court's denial of qualified immunity to a Michigan prison doctor and nurse accused of failing to diagnose a prisoner's bone cancer. On February 13, 2007, Mound Correctional Facility prisoner Joshua Reilly …
Collins v. Campbell, et al., FL, complaint, medical, 2013
Article • June 15, 2013 • from PLN June, 2013
Fourth Circuit: No Qualified Immunity for Bail Bondsmen; $100,000 Damages Award Upheld by The Fourth Circuit Court of Appeals has upheld a jury verdict and $100,000 damages award, concluding that bail bondsmen are not entitled to qualified immunity. South Carolina bail bondsman Jon E. Ham, through his company Quick Silver …
Article • June 15, 2013 • from PLN June, 2013
U.S. Supreme Court Reinstates BOP Prisoner's FTCA Suit by J.R. Bloom On March 27, 2013, the U.S. Supreme Court clarified that the scope of the Federal Tort Claims Act's waiver of sovereign immunity for certain intentional torts committed by federal law enforcement officials was not limited to executing searches, seizing …
Article • June 15, 2013 • from PLN June, 2013
Oklahoma: Hospital Sues Sheriff over Unpaid Medical Bills, for Third Time by Christopher Zoukis For the third time in the past eight years, Oklahoma County Sheriff John Whetsel has been sued for damages by a local hospital, which accuses him of releasing dozens of jail prisoners to avoid having to …
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 …
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