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Reliance Solely On Guard's Version of Incident Improper by In an unpublished decision, the U.S. Sixth Circuit Court of Appeals reversed the summary judgment dismissal of a prisoner's civil rights action against Michigan prison guards holding that the district court had erroneously relied on the guards' version of disputed fats. …
Article • October 15, 2005 • from PLN October, 2005
Parole Officers Not Absolutely Immune For Conduct Distinct From Parole Decisions by by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that California Department of Corrections (CDC) parole officers were not absolutely immune from suit by a former prisoner who alleged he was re-incarcerated because the officers …
Article • October 15, 2005
OH State Court Must Determine Immunity Before Suit Filed; Guards Not Entitled to Qualified Immunity in Prisoner's Death by The Sixth Circuit Court of Appeals held that guards at the Southern Ohio Correctional Facility sued by the estate of a prisoner--who was beat to death by the guards--are not entitled …
No Qualified Immunity for Michigan Prison Warden in Guard's Murder by The United States District Court for the Eastern District of Michigan, held that Tripett, the warden of the Thumb Correctional Facility in Michigan (TCF), was not entitled to qualified immunity, in a suit brought by the estate of a …
Guard Denied Qualified Immunity in MI Prisoner's Retaliation Claim by The Sixth Circuit Court of Appeal has affirmed a Michigan District Court's order denying a guard's qualified immunity defense in a suit filed by prisoner David J. Scott, a prisoner at Carson City Regional Facility. Scott's complaint alleged guard Philip …
Ninth Circuit: Kicking Shackled Prisoner In Genitals Is Cruel And Unusual Punishment by When California Pelican Bay State Prison (PBSP) prisoner Christopher Watts filed a 42 U.S.C. § 1983 action against guards J. McKinney and S.J. Steinberg for kicking Watts in the genitals after an unsuccessful interrogation regarding PBSP guards …
Failure to Protect from HIV-Positive Prisoner Negates Qualified Immunity Defense by The Eighth Circuit Court of Appeals has held that prison officials are not entitled to qualified immunity in a civil rights action filed by three prisoners at South Dakota's Mike Durfee State Prison. The prisoners alleged that prison officials …
Article • May 15, 2005 • from PLN May, 2005
Qualified Immunity Granted to Doctor Who Failed to Order Interferon Treatments for HCV+ Prisoner by The Eight Circuit Court of Appeals has held that a doctor was not deliberately indifferent to a prisoner's medical condition by failing to order interferon treatments for his Hepatitis C virus (HCV). While imprisoned within …
PLN's ADX Censorship Suit Partially Survives Motion to Dismiss by PLN's ADX Censorship Suit Partially Survives Motion to Dismiss by Bob Williams On November 12, 2004, Colorado Federal District Court Judge Wiley Daniel dismissed all official capacity claims, one defendant, and one substantive claim in PLN's suit over ADX censorship …
First Circuit Rejects Interlocutory Appeal for Authorities Accused of Frame-Up by by Robert H. Woodman In a case involving charges of frame-up and cover-up by former Massachusetts and federal authorities brought by former Massachusetts state prisoners, their family members, estates, and survivors, the United States First Circuit Court of Appeals …
PLN Wins Washington DOC Bulk Mail Suit, Again by John E Dannenberg The Ninth Circuit U.S. Court of Appeals affirmed the U.S. District Court's ruling below (and permanent injunction) that the Washington DOC (WA DOC) policy of prohibiting prisoners' receipt of standard rate mail (AKA bulk mail) and catalogs with …
Article • April 15, 2005 • from PLN April, 2005
Georgia Prison Official Immune, Prison Nurse Not, in Prisoner's Suicide by by Robert H. Woodman The Court of Appeals of Georgia, Second Division, affirmed in part and reversed in part the judgment of the Gwinnett Superior Court in a case brought against a prison official, a prison nurse, and other …
Fifth Circuit Allows Sexual-Orientation Discrimination in Texas Prisoner Rape Suit by Matthew Clarke by Matthew T. Clarke The Fifth Circuit court of appeals held that a homosexual prisoner who prison officials allegedly allowed to be repeatedly sexually assaulted and made a sex slave may sue the prison officials for both …
Destruction of Exculpatory Disciplinary Evidence May Violate Due Process Clause by The U.S. Court of Appeals for the Second Circuit has affirmed the U.S. District Court for the Southern District of New York's order denying prison officials' motion for summary judgment on qualified immunity grounds in a prison discipline case. …
Qualified Immunity Denied In Failure To Protect And Delay of Emergency Treatment by Bob Williams Qualified Immunity Denied In Failure To Protect And Delay of Emergency Treatment by Bob Williams The Sixth Circuit Court of Appeals has held that guards are not entitled to qualified immunity for failing to segregate …
Absolute Immunity For Acting On Court Order Denied In Failure To Protect Claim by Bob Williams Absolute Immunity For Acting On Court Order Denied In Failure To Protect Claim by Bob Williams The Third Circuit Court of Appeals has upheld the denial of absolute immunity against prison guards who claimed …
Ninth Circuit: "Chilling Effect" Not Required To Establish First Amendment Violation by Marvin Mentor Ninth Circuit: "Chilling Effect" Not Required To Establish First Amendment Violation by Marvin Mentor The Ninth Circuit U.S. Court of Appeals dealt with the following conundrum: does a prisoner who exhaustively fights purported violations of his …
Gang Validation in Retaliation for Filing Grievances Is Actionable by Marvin Mentor The Ninth Circuit U.S. Court of Appeals held that a state prisoner stated a valid claim under the First Amendment when he claimed that in retaliation for his having filed several grievances, prison officials revisited previously rejected gang …
Article • January 15, 2005 • from PLN January, 2005
Qualified Immunity Denied to Supervising Driver's License Examiner in Oklahoma Prisoner's Rape by David Reutter by David M. Reutter The Tenth Circuit Court of Appeals has held that a state driver's license examiner who exercised supervisory control over a prisoner acted as a state actor and can be held liable …
Article • January 15, 2005 • from PLN January, 2005
Prisoner Stated Deliberate Indifference Claim, But Summary Judgment Denial Reversed by Prisoner Stated Deliberate Indifference Claim, but Summary Judgment Denial Reversed In a case with a long, unusual procedural history, the U.S. Sixth Circuit Court of Appeals affirmed a federal district court's denial of prison officials' motion to dismiss for …
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