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Article • May 15, 2007
No Qualified Immunity Despite Lack of Case Law for False Arrest by A motel guest parked his large truck in front of his room, which the management did not approve of, and refused to move it. The manager called a deputy sheriff who, when the guest did not answer his …
Police Liable for Hob Tying Death of Arrestee by The decedent was arrested after a high-speed chase and after he tried to flee on foot. He was then sprayed with pepper spray and hog-tied (ankles tied to wrists) and died of positional asphyxia. The municipality did not have a written …
Article • May 15, 2007
Kicking Suspect for Drugs Illegal by The court finds factual issues barring summary judgment with respect to the plaintiff's complaint of excessive force during arrest, and finds the defendant officers not entitled to qualified immunity with respect to kicking him for 53 seconds as he lay on the ground. At …
Article • May 15, 2007
No Qualified Immunity for Suicide of Utah Prisoner by The police captain who arrested the decedent was told by several people that he was a suicide risk; he said he had contemplated suicide but decided against it; the captain said he concluded the decedent was not a suicide risk. However, …
Article • May 15, 2007
Second Circuit Discusses Establishment of Law for Qualified Immunity Purposes by The Second Circuit continues the dance of recalcitrance begun in Horne v. Coughlin with the Supreme Court's repeated admonitions that in qualified immunity analysis, first courts determine if there was a legal violation, and second they decide if the …
Article • May 15, 2007
No Immunity for California Cops Leaving Mentally Ill Man in Vegetative State by The defendant police officers decided to take the mentally ill plaintiff into custody for his own safety, so they knocked him down and put their knees into his back and neck. Now he is in a permanent …
Article • May 15, 2007
No Qualified Immunity for Arbitrarily Pepper Spraying Prisoner by The plaintiff alleged that he was sprayed in the face with Capstun without warning after declining to take his copy of a receipt for confiscated property, then slammed to the floor and handcuffed. He alleged that he did not intentionally disobey …
Police Denied Qualified Immunity for Fabricated Evidence by The Fourth Circuit court of Appeals affirmed a lower court's denial of summary judgment to a Virginia State Police agent who fabricated evidence in a capital case. Rebecca Williams was raped and murdered on June 4, 1982. Before she died, Williams stated …
Louisiana Prison Rule Banning "Rumors" on Internet Unconstitutional by Louisiana Prison Rule Banning "Rumors" on Internet Unconstitutional by Michael Rigby On October 20, 2004, the U.S. District Court for the Middle District of Louisiana held that a Louisiana prison rule prohibiting the dissemination of "rumors" was unconstitutionally vague and overbroad. …
No Absolute Immunity for Parole Officials by The Seventh Circuit Court of Appeals reversed a lower court's dismissal of a suit against several parole officials, finding they were not entitled to absolute immunity. In 1990, Lance Dawson was convicted of Indiana criminal charges and placed on probation for 3 years, …
Fed Prisoner's Five Years in Segregation During Murder Investigation Not Unconstitutional by Fed Prisoner's Five Years in Segregation During Murder Investigation Not Unconstitutional Mark Jordan, a federal prisoner, was housed in a segregation unit for five years while his involvement in a prison murder was investigated. Prison officials testified that …
Article • May 15, 2007
Fourth Circuit Demands Particularized Right Under Qualified Immunity by In qualified immunity analysis, "[a] preliminary task is to define the constitutional right at issue 'at a high level of particularity.'" (279, citation omitted) The court cites one of its 1999 cases for this point and does not discuss whether this …
Disciplinary Hearings Require Disclosure of Evidence by The court of appeals for the Seventh circuit held that a district court erred in dismissing an Illinois state prisoner's lawsuit, for failure to state claim, when prison officials did not disclose an exculpatory report at a disciplinary or state the evidence relied …
Trial Required in Jail Beating by The court of appeals for the Eighth circuit affirmed in part, reversed and remanded in part a directed verdict in favor of jail officials. A pretrial detainee in the St. Louis Municipal jail in Missouri claimed he was beaten and punched by jail guards …
Right to Impartial Disciplinary Hearing Officers by A federal district court in Nevada held that prisoners have a well established right to impartial disciplinary hearing officers. Biased or partial hearing officers for disciplinary and administrative segregation hearings violate due process. The defendants were not entitled to qualified immunity because this …
Punishment for Rude Outgoing Letter Struck Down by The court of appeals for the Fifth circuit affirmed a lower court's award of nominal damages, injunctive relief and attorney fees and costs by holding that rude comments made by a Florida prisoner in his outgoing mail to his girlfriend are protected …
Article • May 15, 2007
Jail Ban on Hardcover Books Struck Down by The court of appeals for the Seventh circuit affirmed a lower court ruling striking down as unconstitutional a Cook county jail (Chicago, IL) policy banning hardcover books sent to prisoners from any source, including publishers. The appeals court also affirmed the denial …
Disciplinary Hearing Officer Cannot Be Related to Infracting Guard by Disciplinary Hearing Officer Cannot be Related to Infracting Guard A federal district court in Pennsylvania granted summary judgment to a Pennsylvania state prisoner holding that a prison disciplinary hearing officer cannot be the father of the guard who wrote the …
No Qualified Immunity in Prison Murder by The Tenth circuit affirmed an Oklahoma district court order denying summary judgment on qualified immunity grounds, and a stay of discovery, to Oklahoma prison officials. The appeals court held that the prisoner's stabbing and strangulation death by other prisoners created a genuine issue …
No Qualified Immunity for Rectal Searches by The court of appeals for the Ninth circuit upheld the denial of qualified immunity to Washington prison officials who bad promulgated a policy requiring that all prisoners in Intensive Management Units (IMU) be subjected to digital, rectal probes by prison medical staff. Thousands …
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