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No Interlocutory Appeal for Good Faith Defense by The Court of Appeals for the Seventh Circuit held that the requirements of the Prison Litigation Reform Act (PLRA) do not apply to properly characterized habeas corpus petitions under 18 U.S.C. §§ 2241, 2254, or 2255, finding that those actions are not …
Summary Judgment Denied on BOP Excessive Force Claims by The Federal District Court in Kansas has denied summary judgment on a prisoner's claims of excessive force. The Court also held guards were not entitled to qualified immunity on these claims. In 1997, Felmon Laury was placed in the Special Housing …
Trial Required in Pennsylvania Failure to Protect Suit by A federal district court in Pennsylvania held that summary judgment was precluded on a state prisoner's failuretoprotect claim. The court also held that prison officials were not entitled to qualified immunity. State prisoner Richard Pearson was stabbed six times by several …
BOP Medical Personnel Absolutely Immune from Suit by The Second Circuit Court of Appeals held that medical personnel employed by the Bureau of Prisons (BOP) are absolutely immune from suit. Prisoner John Andrew Cuoco, a preoperative male to female transsexual, filed an action against various officials at the BOP facility …
Trial Required in Oregon Law Clerk Retaliation Suit by A federal district court in Oregon denied, in part, prison officials' motion for summary judgment on a claim of retaliatory removal from a prison job. The court also rejected prison officials' defense of qualified immunity. State prisoner Darrick Hunter was removed …
$250,000 Award to Beaten Texas Prisoner Upheld by A $250,000 jury award to a beaten Texas prisoner and a courtordered award of $95,000 in attorney's fees were upheld on appeal to the Fifth Circuit who found that the amount of damages was reasonable and the trial court did not abuse …
Summary Judgment for Private Physician Reversed by The Ninth Circuit Court of Appeals reversed a district court's grant of summary judgment to a private physician under contract with the county, holding that contract services provided to the county constituted state action. The court also held that qualified immunity was categorically …
New Jersey Detainees Entitled to Medical Care by A federal district court in New Jersey held that material issues of fact precluded summary judgment on a former prisoner's claim that he was denied adequate medical care. The court also rejected defendants' claim of qualified immunity. Dana Andrews, a former prisoner …
Article • June 15, 2001 • from PLN June, 2001
Second Circuit Holds Staged Perp Walks Unconstitutional, Grants Qualified Immunity by The court of appeals for the Second Circuit has held that staged "perp walks" are unconstitional violations of an arrestee's Fourth Amendment's rights. However, the Second Circuit also held that the law was not sufficiently established in September 1995 …
Washington DOC Hit with almost $50 Million in Verdicts and Settlements in Parole Victim Suits by A federal district court in New York has reinstated the malicious prosecution claim in Scott v. Coughlin and allowed trial to proceed on the issue of whether the denial of three requested witnesses at …
Damages Awarded in New York Retaliation Suit by Damages Awarded In New York Retaliation Suit A Federal District Court in New York awarded a prisoner $4,221.40 for back wages and educational costs, but denied punitive damages in a successful retaliation suit. The court later denied the defendants' motion for reconsideration. …
Secular Humanism: Philosophy or Religion? by The D.C. Circuit has held that federal prison officials were entitled to qualified immunity for refusing to recognize secular humanism as a religion. Ben Kalka, a former federal prisoner, sought to form secular humanism groups to meet in prison chapels. At his last unit …
Article • April 15, 2001 • from PLN April, 2001
PLN Strikes Down Oregon Bulk Mail Ban by Paul Wright The court of appeals for the Ninth circuit held that the Oregon Department of Corrections (DOC) ban on third class standard non-profit mail (AKA bulk mail) was unconstitutional and violated the First amendment rights of publishers and prisoners alike. The …
Article • April 15, 2001 • from PLN April, 2001
Second Circuit Discusses Qualified Immunity in Disciplinary Case by Second Circuit Discusses Qualified Immunity In Disciplinary Case The Second Circuit has with drawn its previous decision in Horne v. Coughlin, 155 F.3d 26 (2nd Cir. 1998), substituting an opinion that does not determine whether a mentally retarded prisoner has a …
No Qualified Immunity for Illinois Visitor Strip Searches by The court of appeals for the Seventh circuit held that Illinois prison officials were not entitled to qualified immunity from money damages for strip-searching prison visitors in the absence of any individualized suspicion that they were carrying contraband. Between 1995 and …
FTCA, Bivens Claims in Beating Suit Proceed in Bifurcated Trial by Orlando Ortiz, a pretrial detainee, brought action for use of excessive force during a pat search under the Federal Tort Claims Act, 28 U.S.C. §26722680 (FTCA), and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, …
Lorton Conditions Unconstitutional by A federal district court for the District of Columbia held that a prisoner stated claims for an assortment of constitutional injuries and a violation of the Lorton Act. The defendants' motion to dismiss the complaint or, in the alternative, for summary judgment was denied in part. …
Article • February 15, 2001 • from PLN February, 2001
No Qualified Immunity for Alabama Blanket Strip-Search Policy by A federal district court in Alabama held that a County Sheriff was not entitled to qualified immunity for a policy of strip-searching all jail admittees, regardless of personal circumstances. DeAngela Wilson, an 18-year-old high school student, was arrested at a drivers' …
DC District Court Denies Guards' Summary Judgment Retaliation Case by A federal district court in the District of Columbia has denied prison guards' motion for summary judgment and set for trial a civil rights suit alleging that guards retaliated against prisoners who complained of a guard's repeated unsolicited sexual propositions. …
No Immunity for Ignoring Prisoner Work Restrictions by Ronald Young No Immunity For Ignoring Prisoner Work Restrictions by Ronald Young A federal district court for the Eastern district of New York held that a prisoner's allegations that he was required to perform sanitation duties despite a doctor's orders to the …
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