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Second Circuit Strips Qualified Immunity from Connecticut Officials Who Ignored Prisoner’s Scalp Lesions by David Reutter by David M. Reutter Observing that “Eighth Amendment claims for the deprivation of medical care are not analyzed body-part by body-part,” the U.S. Court of Appeals for the Second Circuit ruled on July 14, …
Eleventh Circuit Addresses First Amendment, Due Process Interests in Georgia Prisoner Emails by New communications technology introduced in prisons and jails has raised questions as to how prisoners’ First Amendment rights are implicated. Such concerns were addressed by the U.S. Court of Appeals for the Eleventh Circuit on June 23, …
Fifth Circuit Revives Suit Against Texas Jailers Who Tasered Detainee Suffering Epileptic Seizure by Douglas Ankney On July 18, 2023, the U.S. Court of Appeals for the Fifth Circuit reversed a district court’s grant of summary judgment to jailers who tasered a detainee suffering an epileptic seizure at the Pasadena …
Article • June 1, 2022 • from PLN June, 2022
Filed under: Parole, Qualified Immunity
Ninth Circuit Holds California Prison Officials Entitled to Legislative Immunity When Promulgating Rules by David Reutter by David M. Reutter On August 20, 2021, the U.S. Court of Appeals for the Ninth Circuit affirmed an order finding officials with the California Department of Corrections and Rehabilitation (CDCR) are immune to …
Article • May 1, 2022 • from PLN May, 2022
$6,500 Paid by Nevada DOC After Ninth Circuit Affirms Denial of Qualified Immunity for Withholding Evidence From Prisoner Accused of Smuggling Meth in Mail by David Reutter by David M. Reutter AS PREVIOUSLY REPORTED BY PLN, OFficials with the Nevada Department of Corrections (DOC) in 2020 lost a suit filed …
Article • April 1, 2022 • from PLN April, 2022
Eighth Circuit Denies Qualified Immunity to Private Companies Providing Missouri Prisoner’s Health Care by Matthew Clarke by Matt Clarke On August 24, 2021, the U.S. Court of Appeals for the Eighth Circuit held that private companies providing health care for prisoners are not entitled to assert qualified immunity or appeal …
Article • April 1, 2022 • from PLN April, 2022
Tenth Circuit Denies Qualified Immunity to Colorado Prison Officials Who Shut Down Native American Religious Activities by Jayson Hawkins by Jayson Hawkins On July 21, 2021, the U.S. Court of Appeals for the Tenth Circuit affirmed the ruling of a lower court in Colorado that denied a motion by state …
Article • December 1, 2021 • from PLN December, 2021
Eighth Circuit Holds Arkansas Jailers Entitled to Qualified Immunity in Prisoners’ Suit Over Black Mold in Showers, Lack of Cleaning Supplies by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Eighth Circuit held that Arkansas jailers were entitled to qualified immunity in a lawsuit brought by …
Article • December 1, 2021 • from PLN December, 2021
Third Circuit: Gratuitous Use of Force on Prisoner Negates Qualified Immunity Defense by David Reutter by David M. Reutter The Third Circuit Court of Appeals reversed the grant of summary judgment in a lawsuit against a guard at New Jersey’s Cumberland County Jail (CCJ). The Court held the guard was …
Article • November 1, 2021 • from PLN November, 2021
Eleventh Circuit Upholds Immunity of Federal Prison Guards Under FTCA, Even for Blatant Unconstitutional Acts by Dale Chappell by Dale Chappell In a move that surprised few, the U.S. Court of Appeals for the Eleventh Circuit went against the grain of almost every other court and held on June 9, …
Article • November 1, 2021 • from PLN November, 2021
Lawsuit Over Denial of Medical Treatment for Painful Erection Causing Impotence in Oklahoma County Jail Reinstated by Tenth Circuit by Matthew Clarke by Matt Clarke On January 19, 2021, the United States Court of Appeals for the Tenth Circuit held that a county sheriff and three jail guards were not …
Article • October 1, 2021 • from PLN October, 2021
Eleventh Circuit Holds No Qualified Immunity on Deliberate Indifference in Heat Exhaustion Case by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals found a Georgia Sheriff’s Deputy employed excessive force by detaining a pretrial detainee “in a hot, unventilated, and unair-conditioned transport van for approximately two …
Article • August 1, 2021 • from PLN August, 2021
No Qualified Immunity for Oregon Prison Officials’ COVID-19 Response; Class Certified by Mark Wilson by Mark Wilson "The law is clearly established that individuals in government custody have a constitutional right to be protected against a heightened exposure to serious easily communicable diseases,” concluded United States Magistrate Stacie F. Beckerman …
New Federalism and Civil Rights Enforcement, 2021 Copyright 2021 by Alexander Reinert, Joanna C. Schwartz & James E. Pfander Printed in U.S.A. Vol. 116, No. 3 NEW FEDERALISM AND CIVIL RIGHTS ENFORCEMENT Alexander Reinert, Joanna C. Schwartz & James E. Pfander ABSTRACT—Calls for change to the infrastructure of civil rights …
Article • October 1, 2020 • from PLN October, 2020
Fourth Circuit Holds South Carolina DOC Lawyers Entitled to Qualified Immunity by David Reutter by David M. Reutter The Fourth Circuit Court of Appeals held that lawyers for the South Carolina Department of Corrections (SCDC) who made a legal error in interpreting new state law were entitled to qualified immunity. …
Richard v. Pfister, et al., IL, opinion and order, prisoner denied medical and other services, 2020 Case: 1:17-cv-04677 Document #: 141 Filed: 09/01/20 Page 1 of 17 PageID #:1931 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION WILLIAM H. RICHARD, Plaintiff, No. 17 C 4677 v. …
Darren Rainey Died in Scalding Prison Shower Eight Years Ago Today, Still No Charges Filed by Jessica Lipscomb by Jessica Lipscomb, originally published in Miami New Times, June 23, 2020 Eight years ago, today, Florida prison guards locked 50-year-old Darren Rainey inside a shower room, set the water temperature to …
Qualified Immunity Letter to Congress, Nat'l Police Accountability Project, 2020 June 9, 2020 Dear Speaker Pelosi, Leader McCarthy, Majority Leader McConnell, and Minority Leader Schumer: National Police Accountability Project A Project of the National Lawyers Guild Executive Director Rachel A. Pickens ____________ Board of Directors: President Michael Avery President-Elect Julia …
Article • March 4, 2020 • from PLN March, 2020
Filed under: Escapes, Qualified Immunity
Guard Who Failed to Prevent Escape Entitled to Qualified Immunity by David M. Reutter by David M. Reutter The Seventh Circuit Court of Appeals held on September 18, 2019 that a guard cannot be held liable under the Constitution for failing to prevent an escape. In an attempt to apparently …
Melnik v. Dzurenda, et al., NV, order, prisoner due process, disciplinary hearing, 2020 j.io-uv-uuD/u-Miviu-ULB Document 69 Filed 02/07/20 Page 1 of 13 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 JOHN MELNIK, Case No. 3:16-cv-00670-MMD-CLB 7 Plaintiff, ORDER 8 JAMES DZURENDA, etal., 9 Defendants. 10 11 …
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