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Damage Award in Denial of Clothes and Bedding Affirmed by The court of appeals for the Eighth circuit affirmed a district court verdict of $1,400 in favor of a Nebraska prisoner kept in solitary confinement in his underwear with no bedding besides a mattress for 14 days. The court held …
Right to Complain Clearly Established by The court of appeals for the Sixth circuit affirmed a district court ruling that an Ohio prisoner's First amendment rights were violated when he was infracted and punished for sending a petition signed by other prisoners complaining of guard harassment to the warden. The …
Article • May 15, 2007
Ban on Hardcover Books Unconstitutional by The court of appeals for the Seventh circuit struck down as unconstitutional an Indiana jail rule banning hardcover books from the jail. Jail officials were not entitled to qualified immunity from money damages. See: Kincaid v. Rusk, 670 F.2d 737 (7th Cir. 1982).
Driver's License Examiner Denied Qualified Immunity in Prisoner's Sexual Assault by The United States District Court for the Northern District of Oklahoma denied a former driver's license examiner summary judgment on grounds of qualified immunity in a case in which the examiner is charged with sexually assaulting a female work …
Qualified Immunity Denial Upheld, Punishment Requires "Some Evidence" by Qualified Immunity Denial Upheld, Punishment Requires "Some Evidence" The U.S. Eighth Circuit Court of Appeals upheld denial of summary judgment on qualified immunity grounds to prison officials who punished a prisoner without evidence of wrongdoing. David Engel, a prisoner at the …
Article • May 15, 2007
New York County Could Be Liable for Jail Strip Searches by The U.S. Court of Appeals for the Second Circuit held that Herkimer County (New York) was not entitled to qualified immunity if it maintained a policy that allowed the routine strip-searching of misdemeanor arrestees without reasonable suspicion that they …
$3500 Punitive Damage Award Upheld for Dropping Shackled Prisoner by The U.S. Court of Appeals for the Eleventh Circuit held that record evidence supported a jury verdict that two Florida state prison guards violated a prisoner's Eighth and Fourteenth Amendment rights by using excessive force, that the guards were not …
Summary Judgment Precluded in Beating, Qualified Immunity for Hearing Officer by A New Jersey prisoner brought § 1983 action alleging violations of his constitutional rights. Defendant prison officials and guards motioned for partial summary judgment. The U.S. District Court for the District of New Jersey held: 1) Summary judgment against …
No Qualified Immunity for Guards Who Seized Prisoner's Legal Papers by The U.S. Court of Appeals for the Sixth Circuit reversed a district court's grant of summary judgment in favor of prison guards who had confiscated a prisoner's legal papers as an alleged act of retaliation for the prisoner's exercise …
Illegal Strip Searches During Minor Charges Net Sacramento Jail Detainees $1,000 Each by John E Dannenberg Illegal Strip Searches During Minor Charges Net Sacramento Jail Detainees $1,000 Each by John E. Dannenberg The Sacramento County Superior Court ruled that the Sacramento County Jail's policy of strip-searching all detainees - regardless …
Article • May 15, 2007
Denial of Orthopedic Shoes for 21 Months Defeats Summary Judgment by An Oregon federal district court has held that prison officials at the Snake River Correctional Center could be liable for delaying adequate treatment of a prisoner's spastic paralysis, which resulted in a chronic case of claw foot. The prisoner, …
Dismissal Denied in Suit Against Alabama Sheriff and County in Detainee's Death From Lack of Medical by Dismissal Denied in Suit Against Alabama Sheriff and County in Detainee's Death From Lack of Medical Treatment. An Alabama federal district court held that a county can be held liable for failing to …
Article • May 15, 2007
$70,000 Jail Medical Neglect Death Award Upheld by The Fifth Circuit Court of Appeals upheld a jury verdict of $70,000 in a prisoner's death at the Williamson County Jail in Texas. The suit was filed on behalf of the prisoner's estate by his parents, alleging he suffered cruel and unusual …
Article • May 15, 2007
Intermediate State Appellate Court Ruling Fails to Override Qualified Immunity Defense in Over-Detention Suit by The Eleventh Circuit Court of Appeals held that a ruling from the Florida First District Court of Appeals (DCA) falls short of the clarity of the law to defeat a defense of qualified immunity. A …
Article • May 15, 2007
Nine Month Delay in Bringing Mississippi Detainee Before Court Defeats Qualified Immunity by The Fifth Circuit Court of Appeals held jail officials at Mississippi's Hinds County Jail were not entitled to qualified immunity for failing to take a pretrial detainee before a court for nine months. The detainee was arrested …
Article • May 15, 2007
Miscalculation of Sentence Defeats Summary Judgment by A Florida Federal District Court held that prison officials may be held liable for miscalculating a prisoner's release date and causing him to be detained beyond his sentence expiration. Former prisoner James S. McCurry brought suit under 42 U.S.C. section 1983 seeking monetary …
Doctor Granted Qualified Immunity in Texas Prisoner's Suicide by The Fifth Circuit Court of Appeals held a psychiatrist at the Coffield Unit of the Texas Department of Corrections is entitled to qualified immunity in the suicide death of a prisoner. The prisoner had a history of psychological problems and was …
No Immunity for DOC Under Rehabilitation Act or ADA by No Immunity for DOC under Rehabilitation Act or ADA The U.S. Southern District of New York held that DOC was a state agency but was not necessarily entitled to qualified immunity. New York state DOC was sued by a former …
Article • May 15, 2007
High-Speed Police Chase Requires Intent to Harm for Liability by The United States Supreme Court held that high-speed chases with no intent to harm suspects physically, or to worsen their legal plight, do not give rise to liability under the Fourteenth Amendment that can be redressed by an action under …
Guard's Liability for Florida Prisoner's Suicide Jury Question by By David M. Reutter A Florida Appeals Court held that a jury, not a judge, must determine if a guard at the Pinellas County Jail (PCJ) is entitled to sovereign immunity and qualified immunity. This case was before the court on …
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