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Article • October 15, 2002 • from PLN October, 2002
Sixth Circuit Upholds Denial of Prison Doctor's Qualified Immunity by The Sixth Circuit Court of Appeals has upheld denial of qualified immunity to a state prison doctor by the Federal District Court in Michigan. Richard LeMarbe is a Michigan state prisoner. In 1996, he was treated for chronic gallbladder problems …
Disputed Material Facts in Failure to Protect Suit Preclude Interlocutory Appellate Review by The Sixth Circuit Court of Appeals has ruled that it is without jurisdiction to hear an interlocutory appeal on qualified immunity issues where material facts are in dispute. The Court of Appeals let stand most of a …
Article • September 15, 2002 • from PLN September, 2002
No Qualified Immunity for Guards Who Failed to Provide CPR by No Qualified Immunity for Guards who Failed to Provide CPR The U.S. Court of Appeals for the Eighth Circuit struck down a district court's grant of qualified immunity and summary judgment in favor of three Nebraska prison guards who …
Article • July 15, 2002 • from PLN July, 2002
No Jurisdiction for Interlocutory Appeal Over Medical Treatment by The Court of Appeals for the Eighth Circuit has held that it lacks jurisdiction to hear an interlocutory appeal filed by a prison doctor. Maurice Moore, an Iowa state prisoner, filed suit, under 42 U.S.C. § 1983, against a prison doctor …
No Jurisdiction for Appeal When Qualified Immunity Not Denied by by Matthew T. Clarke The Court of Appeals for the Eighth Circuit has ruled that it has no jurisdiction to hear an interlocutory appeal of a partial denial of a motion for summary judgment when the district court did not …
No Qualified Immunity in Illinois Denial of Exercise Claim by The Seventh Circuit Court of Appeals has upheld a Northern District of Illinois Federal District Court decision to deny qualified immunity to prison officials at Stateville Correctional Center (SCC) in Illinois. The underlying case, Delaney v DeTella , 123 F.Supp.2d …
Article • July 15, 2002 • from PLN July, 2002
Qualified Immunity, Collateral Orders Not Reviewable on Interlocutory Appeal by For want of jurisdiction, the Tenth Circuit Court of Appeals has dismissed the interlocutory appeal of a Bureau of Prisons (BOP) medical director from a district court's denial to the director of summary judgment based on qualified immunity and a …
Religious Discrimination, Unsanitary Food Suit Denied Summary Judgment by The United States District Court for the District of Columbia has partly granted, and mostly denied, the defendants' motions for summary judgment on a District of Columbia (D.C.) prisoner's claims that he was racially discriminated against by the defendants' arbitrary handling …
Article • July 15, 2002 • from PLN July, 2002
Tenth Circuit Says "Snitch" Label States Eighth Amendment Claim by Tenth Circuit Says "Snitch" Label States Eighth Amendment Claim Finding that a guard deliberately labeled a prisoner as a snitch, the Tenth Circuit held the prisoner's Eighth Amendment rights were violated, the prisoner's fear of assault stated an Eighth Amendment …
Summary Judgment Denied in Ohio Jail Booking Fee Challenge by Robert Woodman In a case of first impression, an Ohio Federal District Court denied summary judgment to the Hamilton County [Ohio] Sheriff and the Hamilton County Board of Commissioners in a former jail prisoner's challenge to Hamilton County's assessment of …
Article • June 15, 2002 • from PLN June, 2002
U.S. Supreme Court: Qualified Immunity Determination Must Precede Trial on Merits by John E Dannenberg U.S. Supreme Court: Qualified Immunity Determination Must Precede Trial On Merits by John E. Dannenberg The US Supreme Court held in a suit against a military police (MP) officer for use of excessive force in …
Forced AA/NA for Parolee Defeats Qualified Immunity by A Wisconsin federal district court has held that officials are not entitled to qualified immunity when they require atheist parolees to participate in religious based substance abuse programs. John Bausch, a former prisoner and parolee, filed an action under 42 U.S.C. § …
Tenth Circuit Discusses Religious Rights in BOP by Yu Kikumura is a federal political prisoner and member of the Japanese Red Army, who has been greatly harassed by authorities during his incarceration. His religious practices mix Buddhism and Christianity. Beginning in 1997, Kikumura tried to obtain pastoral visits from Reverend …
Eighth Amendment Challenge to California Integrated Yard Policy Is Triable by Marvin Mentor In a California prisoner suit claiming cruel and unusual punishment for the prison's "integrated yard" policy, the Ninth Circuit US Court of Appeals ruled that the factual question presented could proceed to trial, thus rejecting prison defendants' …
High Cost of Prison Telephone Calls Goes to Illinois State Court by In a characteristically colorful opinion from Judge Richard Posner, the U.S. Court of Appeals for the Seventh Circuit breathed new life into an otherwise moribund lawsuit where plaintiffs sought relief from the exorbitant charges for collect telephone calls …
Mistakenly Released Prisoners Have No Due Process Rights by The Court of Appeals for the Fourth Circuit has held that prisoners who were released on mandatory supervision then arrested as escaped prisoners and reincarcerated without a hearing had no right to due process. Vincent Henderson, Daryelle Rexrode, and John Calella, …
Article • April 15, 2002 • from PLN April, 2002
No Immunity for Photo Limit by The Court of Appeals for the Eighth Circuit, in a per curium opinion, held that Arkansas prison officials were not entitled to qualified immunity for promulgating a policy that allows prisoners to retain only five photographs in their cells. Len Davis, a federal prisoner …
Pubic Hair Search by Medical Personnel Constitutional by The Court of Appeals for the Eleventh Circuit has overturned a district court's order that held as unconstitutional a Sheriff's policy of searching a prisoner's pubic hair prior to release. PLN previously reported the district court's order. (See: Skurstenis v. Jones , …
Detainee's Strip Search Unconstitutional, But Qualified Immunity Granted by The court of appeals for the Eleventh Circuit has held that a jail strip search of an arrestee without reasonable suspicion violates the Fourth Amendment, but granted qualified immunity. DeAngela Wilson was arrested at a checkpoint for driving under the influence …
Article • April 15, 2002 • from PLN April, 2002
Defendants Denied Summary Judgment in Wrongful Incarceration Suit by Defendants Denied Summary Judgment In Wrongful Incarceration Suit An Indiana federal district court has partially denied summary judgment and the qualified immunity defense to defendants at the Allen County (Indiana) Jail in a case involving wrongful imprisonment. Shakidi Johnson was arrested …
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