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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 …
Mays v. Howell, MO, Plaintiff's Memo in Opposition of Defendant's MSJ, Cop Killed Dog, 2013 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI NORTHERN DIVISION MARCUS MAYS, Plaintiff, v. DOUG HOWELL, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 2:12-CV-6 JCH PLAINTIFF’S MEMORANDUM IN …
Article • March 15, 2013
U.S. Liable Under FTCA for Trauma of Home Raid Resulting from Postal Service Employee's Misinforming Law Enforcement by Michael Brodheim by Mike Brodheim A federal district judge in New York has held that the United States is liable under the Federal Tort Claims Act (FTCA) for the emotional distress caused …
Article • March 15, 2013
Tenth Circuit: No Clearly-Established Right to Oklahoma Trust Fund Money by Matthew Clarke by Matt Clarke On November 22, 2010, the Tenth Circuit Court of Appeals held that Oklahoma state prisoners had no clearly-established right to the funds in their trust fund accounts in 2007. Herman T. Clark, an Oklahoma …
Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld by Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld On March 19, 2012, the Eighth Circuit Court of Appeals held that 42 U.S.C. § 1997e(e) bars compensatory damages …
Chicago Police Hit with Big Judgment and “Code of Silence” Finding by Derek Gilna Chicago Police have a difficult and dangerous job, but also a heavy responsibility to hold themselves accountable to follow the same laws they are sworn to uphold. In the case of Karolina Obrycka, a diminutive tavern …
Article • March 15, 2013
Alabama: Deputy Sheriffs Immune from Suit for Damages by The Alabama Supreme Court has held that deputy sheriffs, like sheriffs, are constitutional officers who, by virtue of the doctrine of state immunity, cannot be sued for monetary damages in their individual capacity when the acts that form the basis of …
Sixth Circuit Explores Excessive Force Legal Twilight Zone; Finds Fourth, not Fourteenth Amendment Controlled by Mark Wilson On June 29, 2010, the Sixth Circuit held that a lower correct incorrectly applied the Fourteenth Amendment, rather than the Fourth Amendment to resolve a pre-trial detainee’s excessive force claim. Since the qualified …
Fifth Circuit Disallows Louisiana Deputy's Interlocutory Appeal by Matthew Clarke by Matt Clarke In an opinion filed on November 18, 2011, the Fifth Circuit Court of Appeals held that it had no jurisdiction over a Louisiana deputy's appeal from the denial of his motion for summary judgment based on qualified …
Adams v. CCA, CO, Mot Vacate Trial Date Pending Settlement, prison riot, 2013 District Court, Crowley County, State of Colorado 110 East 6th Street, Room 303 Ordway, CO 81063 719-267-4468 Plaintiffs: VANCE A. ADAMS et al. Defendant: CORRECTIONS CORPORATION OF AMERICA Counterclaimant: CORRECTIONS CORPORATION OF AMERICA Counterclaim Defendants: RICHARD ALLISON, …
Seales v. City of Detroit, MI, Amended Complaint, Wrongful Imprisonment, 2013 Case 4:12-cv-11679-GAD-DRG ECF No. 28 filed 04/09/13 PageID.121 Page 1 of 22 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARVIN SEALES, Plaintiff, Case No. 4:12-cv-11679 Hon. Gershwin A. Drain v CITY OF DETROIT, a Municipal Corporation; …
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