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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 …
Article • May 15, 2007
Sheriff Denied Qualified Immunity in Jail Suicide by The Eighth Circuit Court of Appeals affirmed a district court's denial of qualified immunity to the Lincoln County, Nebraska, Sheriff in a jail suicide case. On December 8, 2001, Lincoln County Officers responded to a 911 call from an emotionally despondent Dennis …
Guard Denied Qualified Immunity in Prisoner's Assault by The U.S. Ninth Circuit Court of Appeals affirmed denial of summary judgment on qualified immunity grounds by a California federal district court to a lieutenant at the California Men's Colony in a case where a prisoner was assaulted by his cellmate. Michael …
Article • May 15, 2007
Qualified Immunity Granted to Prison Officials for Delaying Prisoner's Marriage 12 Months by Qualified Immunity Granted to Prison Officials for Delaying Prisoner's Marriage 12 Months The Seventh Circuit Court of Appeals held prison officials were entitled to qualified immunity for delaying the plaintiff's marriage for over 12 months. This action …
Factual Issues Preclude Summary Judgment on Eighth Amendment, ADA Claims by A U.S. district court dismissed a .prisoner's First Amendment and retaliation claims but held that summary judgment of his Eighth Amendment and ADA claims was precluded by remaining issues of fact. A Michigan state prisoner brought §1983 action against …
Article • May 15, 2007
No Qualified Immunity for Prison Guard in Prisoner Shooting by Upholding decisions by the U.S. District Court, Northern District of California, the U.S. Ninth Circuit Court of Appeals held that a California state prison guard was not entitled to qualified immunity for shooting and killing a state prisoner but that …
Prison Warden Granted Qualified Immunity in Employee's Death by The U.S. Sixth Circuit Court of Appeals held that the U.S. District Court for the Eastern District of Michigan was correct in denying a prison warden's motion to dismiss a 42 U.S.C. §1983 complaint for failure to state a claim, but …
Article • May 15, 2007
Videotaping States Claim, District of Columbia Can be Sued Under §1983 by Videotaping States Claim, District of Columbia Can be Sued Under §1983 The U.S. District Court for the District of Columbia held that the District of Columbia could be sued under 42 U.S.C. §1983 and that prisoners' allegations of …
Tenth Circuit: Kansas Prisoner's Exercise, Newspaper Ban Claims Valid by In this case filed by a Kansas prisoner, the Tenth U.S. Circuit Court of Appeals held in an unpublished opinion that inadequate, outside exercise time and a total ban on newspapers possibly violated the prisoner's constitutional rights. Mitchell Thomas was …
Eighth Circuit Reverses Dismissal for Consideration Under McKune v. Lile by The U.S. Eighth Circuit Court of Appeals reversed the dismissal of a Missouri prisoner's suit, holding that qualified immunity does not shield officials from equitable relief and that the prisoner's suit raised issues that must be considered in light …
Mental Health Supervisor Granted Qualified Immunity in Prisoner's Sexual Assault by Mental Health Supervisor Granted Qualified Immunity in Prisoner's Sexual Assault The U.S. Tenth Circuit Court of Appeals has affirmed a federal district court's grant of summary judgment on qualified immunity grounds to a mental health institution's supervisor against a …
$4,000 Injury Award for Body Cavity Search by The U.S. District Court for the District of Nevada held that anal body cavity searches conducted on two Nevada prisoners were not unconstitutional but that a subsequent cavity search of one of the prisoners was, and that the associate warden was liable …
Jailers Denied Qualified Immunity on Prisoner Assault by The U.S. Eighth Circuit Court of Appeals, reversing an Arkansas U.S. District Court, denied qualified immunity to jailers who knowingly celled an arrestee with his known enemy, resulting in an assault on the arrestee. Rod White was arrested and booked at the …
Leavenworth Prison Officials Granted Qualified Immunity on Court Access Case by Reversing the U.S. District Court for the District of Kansas, the U.S. Tenth Circuit Court of Appeals held that officials at the United States Penitentiary at Leavenworth (USP-Leavenworth) and the Federal Bureau of Prisons (BOP) were entitled to qualified …
Disciplinary Findings Do Not Preclude Subsequent Factual Litigation; QI Denied by A Federal District Court in Michigan has held that findings made in prisoner disciplinary hearings should not be given preclusive effect when litigating factual issues in § 1983 claims. Qualified immunity was denied as untimely. Arthur Johnson claimed James …
Dismissal and QI Denied in Cross-Gender Pat Searches by The Federal District Court in Connecticut has found that fact issues remain regarding the constitutionality of cross gender pat searches and whether appropriate steps were taken to protect a female prisoner after she reported sexual assaults by a guard. Qualified immunity …
Washington Parole Officers Liable For Negligent Supervision by The Supreme Court of Washington held that the Washington state parole board was entitled to absolute immunity in claims alleging the negligent release of state prisoners, but individual parole officers were entitled only to qualified immunity in claims alleging negligent supervision. Plaintiffs …
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