Skip navigation

Search

1061 results
Page 30 of 54. « Previous | 1 2 3 4 ... 26 27 28 29 30 31 32 33 34 ... 50 51 52 53 54 | Next »

Article • October 15, 2006 • from PLN October, 2006
No Qualified Immunity for Arkansas Detainees Miscarriage by No Qualified Immunity for Arkansas Detainee's Miscarriage The Eighth Circuit Court of Appeals affirmed a lower court's denial of qualified immunity to jail officials who denied medical care to a female detainee, causing a miscarriage of her 4-5 month old fetus. Talisa …
Article • September 15, 2006 • from PLN September, 2006
Asthmatic South Carolina Prisoner Awarded $3,200 on ETS Claim by A federal court in South Carolina found that prison officials were deliberately indifferent to an asthmatic prisoner's medical condition by exposing him to environmental tobacco smoke (ETS), from February 1999 to November, 2001. The court awarded $3,200, or $100 a …
No Qualified Immunity for Retaliatory Transfer; Jury Awards $219,000 in Damages by The Sixth Circuit Court of Appeals has held that a guard is not entitled to qualified immunity for initiating a retaliatory prison transfer against a prisoner who had complained to the guards supervisor that the guard failed to …
Article • August 15, 2006 • from PLN August, 2006
No Qualified Immunity for Failure to Perform Timely Liver Biopsy by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals affirmed a ruling by the U.S. District Court (N.D. Cal.) that the failure of a prison health care manager to provide a Hepatitis-C positive (HCV+) …
Article • June 15, 2006 • from PLN June, 2006
Qualified Immunity Denied in Illinois Jail Rape Case by The Seventh Circuit Court of Appeals affirmed the denial of qualified immunity for failing to protect a pretrial detainee from being raped by his cellmate. In 1999, David Velez was confined in the Milwaukee County, Wisconsin Jail. In late August, Velez …
SJ Reversed on Delaware Detainee Triple-Celling Claim; Due Process, Not Eighth Amendment Controls by The Third Circuit Court of Appeals held that a Delaware District Court improperly analyzed a conditions of confinement claim brought by pre-trial detainees under the Eighth Amendment, rather than the Due Process Clause of the Fourteenth …
No Qualified Immunity on Toothpaste, Inhaler & Ventilation Claims by The Seventh Circuit Court Of Appeals upheld a district courts denial of qualified immunity to jail officials on claims of denial of toothpaste, withholding asthma inhaler and inadequate ventilation. In 1984, two Indiana men disappeared. Neither the men nor their …
Michigan Jails Strip Policy Unconstitutional; Guards and Get Qualified Immunity, County Liable by David Reutter Michigan Jails Strip Policy Unconstitutional; Guards and Get Qualified Immunity, County Liable by David M. Reutter A Michigan federal district court has held that the practice of removing the clothing of unruly pretrial detainees and …
Seventh Circuit Reverses Jail Lockdown Dismissal; Day After Christmas = Legal Holiday by The Seventh Circuit Court of Appeals reversed a district courts dismissal of a conditions of confinement suit for failure to state a claim. Female pretrial detainees of the Cook County Jail in Chicago, Illinois, sued the jail …
$1,250 Settlement in Oregon Retaliation, Court Access Claims by A federal court in Oregon denied prison officials qualified immunity on a prisoners freedom of association, access to courts and retaliation claims. The association and retaliation claims were later settled for $1,250 and a transfer to another prison. On December 21, …
Article • March 15, 2006 • from PLN March, 2006
Qualified Immunity on FRCP 12(b)(6) Motion Faces Formidable Hurdle in Hepatitis Case by Qualified Immunity on FRCP 12(b)(6) Motion Faces Formidable Hurdle in Hepatitis Case The Second Circuit Court of Appeals upheld a lower courts denial of a Fed.R.Civ.P. 12(b)(6) motion to dismiss, asserting a qualified immunity defense. The court …
Article • March 15, 2006 • from PLN March, 2006
Withholding Legal Mail States Legal Access Claim by by Bob Williams The United States Court of Appeals for the Tenth Circuit has held that withholding legal mail while a prisoner is out to court states a colorable claim for denial of legal access because it impedes efforts to pursue litigation. …
Article • March 15, 2006 • from PLN March, 2006
New Jersey's Legal Mail Policy Enjoined; Qualified Immunity Granted by A New Jersey federal district court has held that a prison policy of opening legal mail outside of prisoners' presence is unconstitutional, but that prison officials are entitled to qualified immunity from damages. This civil rights action was brought by …
Article • January 15, 2006 • from PLN January, 2006
11th Circuit Finds S.Ct. Overruled Heightened Pleading Standard by The Eleventh Circuit Court of Appeals held that the heightened pleading standard is not applicable in a § 1983 action against a non-governmental entity that cannot raise qualified immunity as a defense" pursuant to Leatherman v. Tarrant County Narcotics Intelligence & …
Article • December 15, 2005 • from PLN December, 2005
No Qualified Immunity from 57-Day Illegal Confinement by The Eighth Circuit Court of Appeals held that several prison officials were not entitled to qualified immunity for their roles in confining a prisoner 57 days beyond his ordered release. In December, 1977, Daryl Davis was convicted of theft under Missouri law. …
Virginia Federal Court: Over 47 Hours in by Virginia Federal Court: Over 47 Hours in Five-Point Restraint Unconstitutional by Matthew T. Clarke A federal court in Virginia held that prison officials violated a prisoner's constitutional rights when they strapped his ankles, wrists and chest to a bed for over 67 …
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 …
Page 30 of 54. « Previous | 1 2 3 4 ... 26 27 28 29 30 31 32 33 34 ... 50 51 52 53 54 | Next »