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Article • January 8, 2020 • from PLN January, 2020
Filed under: Qualified Immunity
Fifth Circuit Reverses Denial of Qualified Immunity to Prison Officials by Edward Lyon by Ed Lyon  On September 9, 2019, the Fifth Circuit Court of Appeals reversed a Louisiana district court’s denial of qualified immunity to three of four defendants in a prisoner’s civil rights suit. State prisoner Clarence Jason …
Article • December 10, 2019 • from PLN December, 2019
Filed under: Water, Qualified Immunity
Qualified Immunity Denied when Pretrial Detainees Deprived of Water at Illinois Jail by David M. Reutter by David M. Reutter On August 12, 2019, the Seventh Circuit Court of Appeals denied qualified immunity to officials at Illinois’ Lake County Adult Correctional Institution (LCACI) who deprived pretrial detainees of sufficient water …
Article • November 6, 2019 • from PLN November, 2019
Seventh Circuit: Non-Medical Prison Staff Entitled to Qualified Immunity by Douglas Ankney by Douglas Ankney On August 1, 2019, the Seventh Circuit Court of Appeals held that non-medical correctional staff were entitled to qualified immunity in a lawsuit alleging they had failed to provide a medical accommodation to a prisoner …
Article • October 13, 2019
Judge Calls Prison Guard ‘Feckless Coward’ Yet Still Grants Him Immunity in Lawsuit by Dale Chappell by Dale Chappell  A jail guard who ran and hid when a prisoner he was watching grabbed his gun and terrorized a hospital was a “feckless coward,” the U.S. Court of Appeals for the …
Florida: No Qualified Immunity for Jail Medical Staff in Prisoner’s Death by David M. Reutter by David M. Reutter A Florida federal district court has held that a doctor and nurse at the Orange County Jail (OCJ) were not entitled to qualified immunity in a lawsuit filed by the estate of …
Jessop v. City of Fresno, CA, NCLA Amicus Curiae Brief, Protection of Fourth Amendment Rights, 2019 Case: 17-16756, 05/13/2019, ID: 11296044, DktEntry: 46-2, Page 1 of 21 No. 17-16756 In the United States Court of Appeals for the Ninth Circuit _____________ Micah Jessop; Brittan Ashjian, Plaintiffs-Appellants, v. City of Fresno; …
Sixth Circuit Rejects Qualified Immunity for Jail Guard Accused of Sexual Abuse by Matthew Clarke by Matt Clarke On February 15, 2019, the Sixth Circuit Court of Appeals upheld a district court’s denial of qualified immunity to an Ohio jail guard who allegedly ordered a prisoner to expose herself and …
Article • May 3, 2019 • from PLN May, 2019
Eleventh Circuit Agrees Prosecutor is Entitled to Qualified Immunity in Retaliation Case by Chad Marks by Chad Marks Douglas Echols was convicted of a 1986 kidnapping and rape in Georgia despite his protestations of innocence. After serving seven years of a 15-year sentence, a DNA test revealed that semen recovered …
Article • April 19, 2019
Washington Officials Violated First Amendment by Removing Prisoner’s Art from Exhibit Due to Criticism by Mark Wilson by Mark Wilson A Washington federal court denied state officials’ summary judgment on a claim that they violated a Native American prisoner’s First Amendment rights by prematurely removing his paintings from an art …
Article • April 2, 2019 • from PLN April, 2019
Hawaii Supreme Court: Pretrial Solitary Wrong, but Warden Protected by Qualified Immunity by Derek Gilna by Derek Gilna Mukadin Gordon, who had an extensive criminal record, was arrested for a non-violent offense in August 2010 and placed in solitary confinement for several months.  He sued under 42 U.S.C. § 1983 …
Article • March 6, 2019 • from PLN March, 2019
Tenth Circuit: Qualified Immunity Defeats 22-Year Solitary Confinement Claims by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Tenth Circuit held on August 29, 2018 that prison officials were entitled to qualified immunity in a lawsuit challenging a prisoner’s 22 years in solitary confinement.  Kansas prisoner …
Brief • December 4, 2018
Monroe v. Coleman County Texas, et al., TX, Response, Summary Judgment, 2018 Case 6:18-cv-00015-C Document 26 Filed 12/04/18 Page 1 of 30 PageID 291 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS SAN ANGELO DIVISION PATSY K. COPE, individually, and ALEX ISBELL, as dependent administrator of, and on …
Article • November 6, 2018 • from PLN November, 2018
Fourth Circuit: Failure to Transfer Mentally Ill Prisoner to Hospital Not Actionable by The Fourth Circuit Court of Appeals has reversed a district court’s denial of qualified immunity to a defendant in a civil rights action related to the August 19, 2015 death of Jamycheal Mitchell at Virginia’s Hampton Roads …
Missouri federal appeals court affirms mental health department employees hold qualified immunity by Kevin Bliss by Kevin Bliss A federal court of appeals held that employees of the Missouri Department of Mental Health (DMH) were entitled to summary judgment against a claim filed by Dwayne Andrews on the basis of …
Allah v. Milling, US, Amicus Brief, Qualified Immunity, 2018 No. 17-8654 IN THE Supreme Court of the United States _________ ALMIGHTY SUPREME BORN ALLAH, v. Petitioner, LYNN MILLING, et al., Respondents. _________ On Petition For A Writ Of Certiorari To The United States Court of Appeals For The Second Circuit …
Brief • 2018
Filed under: Qualified Immunity
Allah v. Milling, US, Scholars of the Law Amicus Curiae Brief, 2018 No. 17-8654 IN THE Supreme Court of the United States ALMIGHTY SUPREME BORN ALLAH, Petitioner, v. LYNN MILLING, et al., Respondents. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND …
Allah v. Milling, US, Certiorari Petition, Qualified Immunity, 2018 No. 17-8654 In the Supreme Court of the United States __________ Almighty Supreme Born Allah, Petitioner, v. Lynn Milling, et al., Respondents. __________ On Petition For Writ Of Certiorari To The United States Court of Appeals For The Second Circuit __________ …
Article • May 9, 2018 • from PLN May, 2018
Filed under: Qualified Immunity
The “Qualified Immunity” Doctrine Needs to be Reexamined by Derek Gilna by Derek Gilna According to criminal justice expert and University of Chicago professor William Baude, “The doctrine of qualified immunity prevents government agents from being held personally liable for constitutional violations unless the violation was of ‘clearly established law.’” …
Article • May 7, 2018 • from PLN May, 2018
Seventh Circuit Affirms Denial of Qualified Immunity in Jail Suicide Suit by Matthew Clarke by Matt Clarke On July 26, 2017, the Seventh Circuit Court of Appeals affirmed a Wisconsin federal district court’s denial of qualified immunity to a jail guard and privately-contracted nurse after they ignored a prisoner’s risk …
Article • March 7, 2018 • from PLN March, 2018
Tenth Circuit: Lengthy Denials of Outdoor Exercise Protected by Qualified Immunity by The Court of Appeals for the Tenth Circuit issued two decisions in July 2017 which held prison officials were entitled to qualified immunity for denying outdoor exercise to prisoners for 11 and 25 months. Colorado state prisoners Jonathan …
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