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Alabama Guards Get Qualified Immunity for Failing to Prevent Rape of 11-Year-Old Prisoner by The Eleventh Circuit Court of Appeal has held that guards are entitled to qualified immunity on federal claims, but not to Alabama state-agent immunity on state-law claims, in a lawsuit involving the rape of an eleven-year-old …
Class Action Alleging Unconstitutional Michigan Indigent Defense System Survives Summary Judgment by Michigan’s Court of Appeals has upheld the denial of a summary judgment motion filed by state officials in a class action lawsuit that claims indigent defendants subject to felony prosecutions in trial courts in three Michigan counties have …
Padilla v. Yoo: Obama administration backs appeal of Bush torture memo author by John Burton By John Burton 12 December 2009 Obama administration lawyers under the direction of Attorney General Eric Holder are once again supporting the dismissal of a civil case brought by a victim of illegal detention and …
Massachusetts Man’s Estate Resolves Wrongful Conviction Suit for $14.1 Million by David Reutter In July 2009, the estate of a man who served over 18 years in Massachusetts prisons for a murder and robbery he did not commit reached a $3.4 million settlement with 5 of the 6 insurers for …
New Mexico County Immigrant Neighborhood Searches Enjoined by A New Mexico federal district court has issued a preliminary injunction that prohibits the County of Otero from engaging in “unconstitutional stops, searches, seizures, and discrimination pursuant to ‘operation Stonegarden,’” which seeks to round up illegal immigrants. Before the Court was the …
Statute of Limitations Bars Damages Claim for Voluntary Participation in Human Experiments; Ninth Circuit Reverses and Remands; Case Settles for $1.5 Million by An Oregon federal district court granted summary judgment against a former prisoner who brought suit on his behalf and that of a class of Oregon Department of …
TDCJ Guards Denied Qualified Immunity in Failure to Protect Case by On April 14, 2004, the Texas Department of Criminal Justice (TDCJ) agreed to pay $84,000 to settle a lawsuit filed by Texas prisoner Eugene Cantu. The original complaint was filed July 3, 2000 pursuant to 42 U.S.C. § 1983 …
Pennsylvania County Prisons Mired in Conditions Litigation by David Reutter by David M. Reutter Whether or not a large number of lawsuits is indicative of management or operational problems at a prison or jail is a matter of debate that depends on one’s perspective – that is, which side of …
$250,000 Awarded to Former New York Prisoner Wrongly Convicted by Falsified Evidence by David Reutter by David M. Reutter A New York Court of Claims has awarded $250,000 to a former prisoner based on her claims of malicious prosecution and negligent supervision, after finding a State Police investigator had fabricated …
Article • November 15, 2009 • from PLN November, 2009
Divided Ninth Circuit Holds Prison Officials Entitled to Qualified Immunity for Prolonged Deprivation of Outdoor Exercise by A divided Ninth Circuit Court of Appeals held that California prison officials were entitled to qualified immunity for denying outdoor exercise to prisoners during extended lockdowns, when the lockdowns were precipitated by assaults …
Article • November 15, 2009 • from PLN November, 2009
Illinois Governor’s Failure to Act on Clemency Petitions Not Actionable by Brandon Sample In March 2008, U.S. District Judge Joan B. Gottschal held that persons seeking executive clemency in Illinois have a protected liberty interest in having their petitions decided within a reasonable time by the governor. However, that ruling …
Significant Injury Showing Not Required to Defeat Qualified Immunity in Excessive Force Case by The U.S. Court of Appeals for the Fifth Circuit rejected a claim for qualified immunity by a Texas prison guard who used excessive force against a prisoner. Texas state prisoner Marcus Brown alleged that in 1998 …
$1.95 Million Settlement in Michigan Man’s Taser Death by Michigan’s Shelby Township has paid $1.95 million to settle a lawsuit that claimed police used excessive force by using a Taser that resulted in a man’s death. Police confronted Steven Spears, 49, on August 4, 2007, after receiving a 911 call …
$102,205 Settlement in Portland, Oregon City Negligence of Officer’s Misconduct by The City of Portland, Oregon has paid $105,205 to two women who alleged a Portland Police Officer told them to lift their skirts and show him their underwear during a July 21, 2006, traffic stop or he would jail …
Fifth Circuit Upholds $14 Million Award Against Louisiana DA’s Office in Wrongful Conviction Suit; Affirmed by En Banc Ruling by Matthew Clarke by Matt Clarke On December 19, 2008, the Fifth Circuit Court of Appeals upheld a federal jury award of $14 million in a case involving the wrongful conviction …
Notice Required for Rejected Packages BOP Warden Denied Qualified Immunity by Brandon Sample The U.S. Court of Appeals for the Eighth Circuit has affirmed the denial of qualified immunity for a Bureau of Prisons (BOP) warden accused of denying a prisoner procedural due process in connection with the rejection of …
Article • September 15, 2009 • from PLN September, 2009
U.S. Supreme Court Recedes from Saucier’s Mandatory Provisions for Determining Qualified Immunity Claims by David Reutter by David M. Reutter The U.S. Supreme Court has retreated from a mandatory procedural practice for resolving government officials’ qualified immunity claims, leaving it to the discretion of lower courts as to which prong …
Article • September 15, 2009
$2,000 Settlement in Vehicle Damage Claim by Washington State’s King County has paid $1,960.37 to settle the claim of PHH Arval Vehicle Management Services. On December 10, 2007, PHH’s driver was going through an intersection when a county-owned vehicle pulling a trailer, driven by Patti Porter, attempted to pass and …
Article • September 15, 2009 • from PLN September, 2009
Sixth Circuit Overturns $625,000 Verdict for Ohio Prisoner Sexually Abused by Guard by Brandon Sample In what one judge described as a “legal travesty,” on March 13, 2009, the U.S. Court of Appeals for the Sixth Circuit overturned a jury verdict in favor of a prisoner who had been sexually …
Article • September 15, 2009 • from PLN September, 2009
No Qualified Immunity for Guards Who Failed to Help Vomiting Prisoner Who Died by The U.S. Court of Appeals for the Eighth Circuit has affirmed a denial of qualified immunity for three Greene County, Arkansas jail guards accused of violating a prisoner’s Eighth Amendment rights. On January 4, 2002, Phil …
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