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Article • December 15, 2004 • from PLN December, 2004
Qualified Immunity Granted for Warrantless Parole Search by The Second Circuit Court of Appeals held that parole officers' warrantless entry into a homeowner's residence was per se unreasonable and violated the homeowner's Fourth Amendment right to be free from unreasonable searches. The court further held, however, that the officers were …
New York Prison Officials Denied Qualified Immunity in Revoking Prisoner's Temporary Release by The U.S. Second Circuit Court of Appeals, reversing the U.S. District Court, Southern District of New York, held that prison officials violated a state prisoner's civil rights by revoking his temporary release program participation without a hearing …
Punitive Transfer After Winning Administrative Appeal Is Actionable by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that the transfer of a California state prisoner to a Security Housing Unit (SHU) punitive segregation facility after his underlying alleged rules violation had been reversed …
Seventh Circuit Invalidates Wisconsin News Clippings Ban by The Seventh Circuit Court of Appeals held that a prison ban on clippings and photocopies of clippings from newspapers and magazines violates the First Amendment right of prisoners to receive and exchange information. The court also held, however, that the district court's …
$76,000 in Fees and Damages Awarded in Kansas Excessive Force Claim by Bob Williams The federal district court in Kansas has awarded a state prisoner $45,000 plus $30,913.90 for attorney fees and expenses in an excessive force claim brought against three prison guards. The court also denied qualified immunity, found …
Article • August 15, 2004 • from PLN August, 2004
Intentional Delay to Prevent Prisoner's Suicide Precludes Qualified Immunity by Intentional Delay to Prevent Prisoner's Suicide Precludes Qualified Immunity The Eighth Circuit Court of Appeals held a guard's delay to prevent a prisoner's suicide is deliberate indifference to serious medical needs. This action was brought by the mother of South …
Article • August 15, 2004 • from PLN August, 2004
No Qualified Immunity in Jail Suicide Attempt by The Seventh Circuit Court of Appeals affirmed the denial of qualified immunity to a police officer on a claim of deliberate indifference to an Illinois pretrial detainee's suicide risk. On June 4, 1998, Steven Cavalieri kidnapped his former girlfriend, Stephanie Rouse, and …
Texas Boot Camp Denied Immunity for Ignoring Serious Medical Needs by Texas Boot Camp Denied Immunity for Ignoring Serious Medical Needs The U.S. Court of Appeals for the Fifth Circuit affirmed a district court's denial of official immunity for boot camp operators who were negligent and deliberately indifferent to a …
No Qualified Immunity for Florida Jail Guards in Prisoner Murder by The U.S. Eleventh Circuit Court of Appeals, in a case involving a Florida pre-trial detainee's death at the hands of a mentally ill co-prisoner, affirmed denial of qualified immunity to two guards at the North Broward Detention Center (NBDC) …
No Qualified Immunity for Prison Officials on Tobacco Smoke Complaints by No Qualified Immunity for Prison Officials on Tobacco Smoke Complaints The U.S. Court of Appeals for the Third Circuit affirmed a district court's denial of summary judgment and qualified immunity for the Delaware prison guards who exposed a prisoner …
Qualified Immunity Test Hinges Upon SHU Sentence Imposed, Not SHU Time Served by The Second Circuit Court of Appeals held that the amount of time a prisoner is sentenced to a Special Housing Unit (SHU) rather than the amount actually served is the determining factor to make a qualified immunity …
No Qualified Immunity in Civil Commitment Phone Monitoring by The Ninth U.S. Circuit Court of Appeals reversed summary judgment granted by the U.S. District Court, Western District of Washington, to officials at the Special Commitment Center (SCC) for sex offenders at McNeil Island, Washington. This case is part of ongoing …
$450,000 Settlement in California Prison Murder Suit by The California Department of Corrections (CDC) agreed on October 15, 2003 to pay $450,000 to settle the civil rights complaint brought by the surviving family of a prisoner murdered by his cellmate. Jeffrey Ford, an effeminate homosexual serving prison time for petty …
Article • June 15, 2004 • from PLN June, 2004
Qualified Immunity Appeal Deemed Frivolous; California Pays Beaten Prisoner $149,500 by ( In a prisoner 42 U.S.C. § 1983 suit alleging the brutal beating of a San Quentin prisoner by six guards, United States District Judge Charles Breyer (N.D. Cal.) threatened sanctions against California's State Attorney General Bill Lockyer if …
Two Level Review Required for Publication Rejection, but Qualified Immunity Granted by The Ninth Circuit Court of Appeals held the failure to provide a two-level review process when rejecting incoming publications violated procedural due process, but granted prison officials qualified immunity for the violation. Arizona prisoner Lawrence Krug filed a …
Article • April 15, 2004 • from PLN April, 2004
Thirty Years in Segregation May State Claim by Michael Rigby The United States Court of Appeals for the Fifth Circuit upheld the denial of prison authorities' motion to dismiss based on qualified immunity because no proper determination was made as to whether prisoners' over 30 years of confinement in extended …
California Initial Cell Assignments By Race Upheld, U.S. Supreme Court Grants Review by John E Dannenberg California Initial Cell Assignments By Race Upheld, U.S. Supreme Court Grants Review by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that the policy of the California Department of Corrections (CDC) …
Virginia Drug Treatment Program Still Violates Establishment Clause by Virginia Drug Treatment Program Still Violates Establishment Clause A federal district court in Virginia held that the Therapeutic Community Program (TCP) of the Virginia Department of Corrections violated the Establishment Clause of the First Amendment. The court also held, however, that …
Court Mail Is Legal Mail; Damages and Fees Upheld in Legal Mail Opening by Daniel E. Manville by Dan Manville The Sixth Circuit has held that mail from a court is entitled to First Amendment protection, which means that prison officials had to open legal mail in the presence of …
Qualified Immunity Standards Tightened in Prison Murder Suit by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals brought its law of the Circuit into compliance with recent U.S. Supreme Court case law to add the additional test of "knowing unlawfulness" in Eighth Amendment prisoner …
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