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Article • May 1, 2023 • from PLN May, 2023
Fifth Circuit Upholds Qualified Immunity for Texas Prison Guard Who Beat Prisoner’s Arm With Baton Until It Broke by Matthew Clarke by Matt Clarke On August 31, 2022, the U.S. Court ofAppeals for the Fifth Circuit upheld a district court’s grant of qualified immunity (QI) to a Texas prison guard …
Article • March 1, 2023 • from PLN March, 2023
Second Circuit Affirms Qualified Immunity for Connecticut Cops who Sicced K-9 on Suspect in His Holding Cell by Casey Bastian by Casey J. Bastian When attempting to keep a detainee from hurting himself, are jailers entitled to injure him with impunity? On September 26, 2022, the U. S. Court of …
Tenth Circuit Affirms Denial of Qualified Immunity to Utah Jailers After Detainee’s Withdrawal Death by David Reutter by David M. Reutter On September 7, 2022, the U.S. Court of Appeals for the Tenth Circuit affirmed denial of qualified immunity (QI) to officials at Utah’s Unitah County Jail in a lawsuit …
Fifth Circuit Finds No Liability for Dallas DA Who Improperly Relied on Polygraph to Imprison Sex Offender for 13 Years by Benjamin Tschirhart by Benjamin Tschirhart In November 2022, Dallas resident Christopher Arnone was charged with sexually abusing his son. He struck a deal and entered a plea of nolo …
Third Circuit Strips Qualified Immunity From Delaware Guards Who Held Mentally Ill Prisoner in Solitary for Seven Months by David Reutter by David M. Reutter In a decision filed on November 28, 2022, the U.S. Court of Appeals for the Third Circuit reversed the grant of qualified immunity (QI) to …
Article • February 1, 2023 • from PLN February, 2023
Virginia Supreme Court Upholds Derivative Sovereign Immunity for Jail Physician by Matthew Clarke by Matt Clarke In an important decision for prisoners and jail detainees in Virginia, the state Supreme Court held on July 7, 2022, that a jail physician was entitled to a derivation of the state’s sovereign immunity. …
Fifth Circuit: No Qualified Immunity for Mississippi Sheriffs in Suit Over Mentally Ill Man’s Years-long Unlawful Detention by Matthew Clarke by Matt Clarke On August 24, 2022, the U.S. Court of Appeals for the Fifth Circuit upheld a district court’s denial of qualified immunity (QI) to the current and former …
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 …
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