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Article • May 15, 2007
$3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC by $3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC The Eighth Circuit Court of Appeals held that an administrator is entitled to qualified immunity in a claim of deliberate indifference …
Sixth Circuit Dismisses Tennessee Jail Officials' Qualified Immunity Request by In an unpublished opinion dated October 20, 2004, the Sixth U.S. Circuit Court of Appeals dismissed for lack of jurisdiction an interlocutory appeal challenging a district court's denial of qualified immunity to Tennessee jail officials. While imprisoned in Tennessee's Shelby …
Tenth Circuit Upholds Dismissal Of Utah Prisoner's Conditions Claim by On June 3, 2004, the U.S. Tenth Circuit Court of Appeals held that unsafe conditions in a prison shower area that resulted in a Utah prisoner's slip and fall did not rise to the level of a constitutional violation. State …
Article • May 15, 2007
Illinois Prisoners Win Ex Post Facto Good Time Claim by The Illinois Court Of Appeals for the Second Circuit held that the circuit court should not have dismissed a prisoner's law suit against the Department of Corrections for denial of good time credits. Prisoners of an Illinois state prison filed …
Article • May 15, 2007
Excessive Force Against Detainee By Police Upheld by Manuel Orsonio, who was arrested and never charged with a crime, filed a State court lawsuit against Ernest Armond and two other Long Beach, California police officers, alleging excessive force and negligent infliction of emotional distress. Orsonio was awarded $282,000 in damages. …
Article • May 15, 2007
Qualified Immunity Denied to Prison Pharmacist That Refused to Fill Prisoner's Prescriptions by Qualified Immunity Denied to Prison Pharmacist That Refused to Fill Prisoner's Prescriptions The Eighth Circuit Court of Appeals has held that a pharmacist's refusal to fulfill a prescription issued by a doctor to treat a prisoner disentitles …
Article • May 15, 2007
Constitutional Violation Found by State Court Doesn't Create Collateral Estoppel in Federal Action by Constitutional Violation Found by State Court Doesn't Create Collateral Estoppel in Federal Action The Second Circuit Court of Appeals held that a prisoner seeking damages for a due process violation could not argue the defendants were …
No Absolute Immunity for Illegal Wiretap; Qualified Immunity Standard Issued by The U.S. Supreme Court held that status as a Cabinet Officer is not in itself sufficient to invest that officer with absolute immunity from suit. In 1970, Attorney General John Mitchell authorized a warrantless wiretap of William Davidson's telephone …
Article • May 15, 2007
Qualified Immunity: An Objective Legal Reasonableness Test by Qualified Immunity: An Objective Legal Reasonableness Test The U.S. Supreme Court held that police officers conducting warrantless searches of innocent third party homes in search of fugitives are entitled to qualified immunity, if objective legal reasonableness is met. Russell Anderson, an agent …
Article • May 15, 2007
Arkansas Guards Not Entitled to Qualified Immunity for Rape of Female Prisoner by Erma Trammell, an Arkansas state prisoner, was raped at the Tucker Women's Unit by a guard named Lee Davis. Trammell sued Davis and a host of prison officials in federal district court under 42 U.S.C. § 1983, …
Article • May 15, 2007
New York Guard's Appeal Dismissed for Lack of Hypothetical Assumption by Rene Tellier, a New York state prisoner, sued guards at the New York Metropolitan Correctional Center in federal district court for keeping him in the Special Housing Unit for one and a half years without affording him due process …
Article • May 15, 2007
Wisconsin Prisoner's Interference-With-Mail Suit Mooted by Policy Change by William West, a Wisconsin state prisoner, sued guards in federal district court for denying him mail containing downloaded internet material about Hepatitis C. He complained that the policy under which his mail was rejected Doc 309 IMP 1, which disallowed prisoner …
Article • May 15, 2007
Individual Capacity Claims Can Be Inferred From Complaint by Whether a plaintiff sued defendants in their individual or official capacities is determined by a "course of proceedings" test. The court disingenuously denies that it has applied a rigid rule that capacity must be spelled out explicitly or it will be …
Article • May 15, 2007
Ohio Prison Officials get Qualified Immunity in Guard Strip Searches by The plaintiff, a prison employee, was strip searched without reasonable suspicion of illegal activity. The reasonable suspicion standard was not clearly established and the defendants are entitled to qualified immunity. Three cases from other circuits did not establish the …
Qualified Immunity for Body Cavity Search of Prison Guard by The plaintiff correctional employee was subjected to a visual body cavity search after a prisoner informant said that the employee was going to smuggle in some drugs in a tampon. Conducting the search was within the outer perimeter of the …
Article • May 15, 2007
Jail Doctor Given Qualified Immunity For Involuntarily Catheterizing Prisoner by The plaintiff was involuntarily catheterized to remove urine (unsuccessfully, since he was struggling) because the doctor was concerned that he might have a neurological injury. The plaintiff's Fourth Amendment claim is rejected. At 1116: "Invasions of the body for medical …
No Hiring Liability for Brutal Arkansas Jail Guards by The plaintiff alleged excessive force. The deputy who allegedly used a "knee drop" on the plaintiff, severing his intestine, has previously been found not entitled to qualified immunity. A deputy who hit the plaintiff several times in the face while he …
Article • May 15, 2007
Female Guard Supervision of Naked Male Prisoners Upheld by The plaintiff challenged the use of female guards to monitor male prisoners in bathrooms and showers even though male guards were not used to monitor women under similar circumstances. The plaintiff's challenge to strip search practices was dismissed by the district …
Article • May 15, 2007
No Liability for Death of Arrestee Who Caused Police Car Crash by The decedent was arrested while drunk and was placed in the back of a police car rear-cuffed. The officer did not shackle his legs, fasten his seatbelt, or close the plexiglass partition between front and back seats. The …
No Immunity for Police in Tight Handcuffs Suit by Defendant police officers are not entitled to summary judgment on the plaintiff's claim of excessively tight handcuffing in light of evidence that the cuffs left a mark visible nearly two years later and continuing pain in the plaintiff's wrists; there is …
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