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Article • February 1, 2023 • from PLN February, 2023
Fifth Circuit Denies Qualified Immunity to Mississippi Cops Who Let Injured Hemophiliac Bleed Out in Jail by Matthew Clarke by Matt Clarke On July 15, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed the denial of qualified immunity (QI) to Mississippi jailers accused of ignoring the injuries …
Brief • January 23, 2023
Shaw v. Erich, KS, Joint Trial Brief, Unconstitutional Detention, 2023 Case 6:19-cv-01343-KHV Document 385 Filed 01/23/23 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS BLAINE FRANKLIN SHAW, et al., Plaintiffs, Case No. 19-1343-KHV-GEB v. HERMAN JONES in his official capacity as the Superintendent …
Second Circuit: No Qualified Immunity for Wardens Accused of Violating Religious Freedom of Muslim Prisoners in Connecticut by Benjamin Tschirhart by Benjamin Tschirhart On June 17, 2022, the U.S. Court of Appeals for the Second Circuit upheld a lower court’s decision denying qualified immunity (QI) to federal prison wardens in …
Music Stops in Fifth Circuit’s Qualified Immunity ‘Dance,’ Leaving Plaintiffs With Shortened Discovery Period by Matthew Clarke by Matt Clarke On June 17, 2022, the U.S. Court of Appeals for the Fifth Circuit overturned a long line of prior decisions to hold that a ruling on defendants’ qualified immunity (QI) …
‘Qualified Immunity Cannot Shield Them’: Fourth Circuit Advances Suit by Virginia Prisoners for Overlong Solitary Confinement by Benjamin Tschirhart by Benjamin Tschirhart On June 14, 2022, the U.S. Court of Appeals for the Fourth Circuit affirmed denial of qualified immunity (QI) to officials with Virginia’s Department of Corrections (DOC) in …
Article • January 1, 2023 • from PLN January, 2023
Third Circuit Agrees With Pennsylvania Prisoner’s Access-to-Courts Claim, But Grants Defendants Qualified Immunity by David Reutter by David M. Reutter On June 15, 2022, in a precedential ruling that might help the next prisoner plaintiff, the U.S. Court of Appeals for the Third Circuit held that “a prisoner has a …
Article • December 27, 2022
Eighth Circuit Grants Qualified Immunity to Minnesota Jailers and Medical Provider Who Misdiagnosed Prisoner’s Leukemia as Gingivitis by Harold Hempstead by Harold Hempstead On April 12, 2022, the U.S. Court of Appeals for the Eighth Circuit said a Minnesota jail detainee was not subjected to unconstitutional treatment by jailers and …
Article • December 12, 2022
D.C. Circuit Grants BOP Medical Director Qualified Immunity in Suit Over Delayed Treatment of Prisoner’s Hepatitis C by Matthew Clarke by Matt Clarke On July 5, 2022, the U.S. Court of Appeals for the District of Columbia Circuit held that the medical director of the federal Bureau of Prisons (BOP) …
Article • November 30, 2022 • from PLN December, 2022
Ninth Circuit Denies Qualified Immunity to Doctor and Nurses at California Jail Who Treated Detainee’s Ruptured Aorta With Pepto Bismol by David Reutter by David M. Reutter On May 24, 2022, the U.S. Court of Appeals for the Ninth Circuit denied a request for rehearing en banc of a case …
Article • October 31, 2022 • from PLN November, 2022
Fifth Circuit Affirms Denial of Qualified Immunity to Texas Jailers Who Refused Medical Care to Detainee Dying of Drug Overdose by Matthew Clarke by Matt Clarke On June 1, 2022, the U.S. Court of Appeals for the Fifth Circuit upheld a district court’s denial of qualified immunity (QI) to staff …
Article • October 21, 2022
Fourth Circuit: Prison Officials Not Liable for Poor Conditions Unless Prisoner Also Alleges They Knew About Them And Did Nothing by Mark Wilson By Mark Wilson Prisoners making court challenges to their conditions of confinement must walk a legal tightrope to avoid pitfalls fatal to their claims. The U.S. Court …
Article • September 30, 2022 • from PLN October, 2022
Sixth Circuit Denies Qualified Immunity to Ohio Prison Doctor After Prisoner Blinded by Stroke by David Reutter by David M. Reutter On March 30, 2022, the U.S. Court of Appeals for the Sixth Circuit affirmed denial of qualified immunity (QI) to an Ohio prison doctor who interrupted a state prisoner’s …
Sixth Circuit Says Kentucky DOC Chief Too “High Up the Chain of Command” to Be Liable for Prisoner’s Negligent Death by David Reutter By David M. Reutter Granting qualified immunity (QI) to acting Kentucky Department of Corrections (DOC) Commissioner James Erwin on October 8, 2021, the U.S. Court of Appeals …
Eleventh Circuit Denies Qualified Immunity to Jail Guards Who “Did Nothing” in Face of Florida Detainee’s Suicide Threats by David Reutter by David M. Reutter Finding that two guards at Florida’s Bay County Jail (BCJ) did “essentially nothing to prevent” a pretrial detainee from committing suicide, the U.S. Court of …
Article • June 1, 2022 • from PLN June, 2022
Fifth Circuit Denies Qualified Immunity to Texas Sheriff Who Rehired Abusive Jailer Who in Turn Again Abused a Detainee by Matthew Clarke by Matt Clarke On January 13, 2022, the U.S. Court of Appeals for the Fifth Circuit held that by rehiring a jailer who previously abused detainees at the …
Article • June 1, 2022 • from PLN June, 2022
$6,500 Settlement After Eleventh Circuit Affirms Denial of Qualified Immunity to Florida Jail Officials Who Repeatedly Opened Detainee’s Legal Mail by David Reutter by David M. Reutter On November 12, 2021, a settlement was reached under which four officials at the Duval County Jail (DCJ) in Jacksonville agreed to pay …
Publication • 2022
US Court of Appeals -Section 1983 Outline-2022 United States Court of Appeals for the Ninth Circuit Office of Staff Attorneys Section 1983 Outline Updated 2022 Office of Staff Attorneys United States Court of Appeals for the Ninth Circuit This outline is intended for use as a starting point for research. …
Fourth Circuit Grants Qualified Immunity to Prison Official Who Gave Prisoner No Notice Before Hearing That Resulted in Transfer to Security Detention by David Reutter by David M. Reutter In a ruling on March 30, 2021, the Fourth Circuit Court of Appeals held that prison officials were entitled to qualified …
Qualified Immunity Granted in Suit Challenging Policy of “Checking-In” on Nevada Prisoner’s Legal Calls by David Reutter by David M. Reutter On July 8, 2021, the U.S. Court of Appeals for the Ninth Circuit refused a request to rehear en banc a decision by a three-judge panel of the Court …
Sixth Circuit Denies Qualified Immunity for Failure to Protect Michigan Prisoner from Unsafe Working Conditions by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit held on August 24, 2021, that two Michigan prison employees were not entitled to qualified immunity in a lawsuit …
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