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Article • July 25, 2022
Fourth Circuit Refuses to Hold North Carolina Liable After State Prisoner Murders Guard by Harold Hempstead by Harold Hempstead On November 17, 2021, the U.S. Court of Appeals for the Fourth Circuit held that no civil rights violation had been committed by North Carolina officials in the murder of a …
Seventh Circuit Refuses to Hold Wexford Liable for Prisoner’s Pain from Medical Transports in “Black Box” Restraint by David Reutter David M. Reutter For prison officials and healthcare providers who refused to grant an Illinois prisoner an exemption from wearing “black box restraints” during medical transport, a federal district court …
Article • June 1, 2022 • from PLN June, 2022
Filed under: Parole, Qualified Immunity
Ninth Circuit Holds California Prison Officials Entitled to Legislative Immunity When Promulgating Rules by David Reutter by David M. Reutter On August 20, 2021, the U.S. Court of Appeals for the Ninth Circuit affirmed an order finding officials with the California Department of Corrections and Rehabilitation (CDCR) are immune to …
Article • May 1, 2022 • from PLN May, 2022
$6,500 Paid by Nevada DOC After Ninth Circuit Affirms Denial of Qualified Immunity for Withholding Evidence From Prisoner Accused of Smuggling Meth in Mail by David Reutter by David M. Reutter AS PREVIOUSLY REPORTED BY PLN, OFficials with the Nevada Department of Corrections (DOC) in 2020 lost a suit filed …
Article • April 1, 2022 • from PLN April, 2022
Eighth Circuit Denies Qualified Immunity to Private Companies Providing Missouri Prisoner’s Health Care by Matthew Clarke by Matt Clarke On August 24, 2021, the U.S. Court of Appeals for the Eighth Circuit held that private companies providing health care for prisoners are not entitled to assert qualified immunity or appeal …
Article • April 1, 2022 • from PLN April, 2022
Tenth Circuit Denies Qualified Immunity to Colorado Prison Officials Who Shut Down Native American Religious Activities by Jayson Hawkins by Jayson Hawkins On July 21, 2021, the U.S. Court of Appeals for the Tenth Circuit affirmed the ruling of a lower court in Colorado that denied a motion by state …
Brief • March 16, 2022
Filed under: Parole Liability
Pendam v. State of Maharashtra, India, Oral Judgment, Emergency Parole, 2021 1 Judgment wp537.21.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 537/2021 Hanuman Anandrao Pendam, Convict No. C/8026, Aged 33 years, Occ. Nil, Confined at Central Prison, Nagpur …. PETITIONER(S) // VERSUS …
Article • January 1, 2022 • from PLN January, 2022
Filed under: Supervisory Liability
Second Circuit: Supervisor Must Have Subjective Knowledge of Sexual Abuse by Guards to Be Liable by On December 28, 2020, the United States Court of Appeals for the Second Circuit held that a prisoner who was sexually abused by three guards must prove their supervisor had subjective knowledge of the …
Brief • December 6, 2021
McHenry County v. Raoul, IL, Order, Way Forward Act, 2021 Case: 3:21-cv-50341 Document #: 41 Filed: 12/06/21 Page 1 of 8 PageID #:439 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION McHenry County, et al., vs. Plaintiff, Kwame Raoul, Defendant. ) ) ) ) …
Article • December 1, 2021 • from PLN December, 2021
Eighth Circuit Holds Arkansas Jailers Entitled to Qualified Immunity in Prisoners’ Suit Over Black Mold in Showers, Lack of Cleaning Supplies by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Eighth Circuit held that Arkansas jailers were entitled to qualified immunity in a lawsuit brought by …
Article • December 1, 2021 • from PLN December, 2021
Third Circuit: Gratuitous Use of Force on Prisoner Negates Qualified Immunity Defense by David Reutter by David M. Reutter The Third Circuit Court of Appeals reversed the grant of summary judgment in a lawsuit against a guard at New Jersey’s Cumberland County Jail (CCJ). The Court held the guard was …
Article • November 1, 2021 • from PLN November, 2021
Eleventh Circuit Upholds Immunity of Federal Prison Guards Under FTCA, Even for Blatant Unconstitutional Acts by Dale Chappell by Dale Chappell In a move that surprised few, the U.S. Court of Appeals for the Eleventh Circuit went against the grain of almost every other court and held on June 9, …
Article • November 1, 2021 • from PLN November, 2021
Fifth Circuit Holds Defendants Entitled to Sovereign Immunity For Denial of Sex-Reassignment Surgery to Texas Prisoner by Matthew Clarke by Matt Clarke On July 30, 2021, the United States Court of Appeals for the Fifth Circuit vacated orders denying sovereign immunity to some defendants in a lawsuit brought by a …
Article • November 1, 2021 • from PLN November, 2021
Lawsuit Over Denial of Medical Treatment for Painful Erection Causing Impotence in Oklahoma County Jail Reinstated by Tenth Circuit by Matthew Clarke by Matt Clarke On January 19, 2021, the United States Court of Appeals for the Tenth Circuit held that a county sheriff and three jail guards were not …
Article • October 1, 2021 • from PLN October, 2021
Eleventh Circuit Holds No Qualified Immunity on Deliberate Indifference in Heat Exhaustion Case by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals found a Georgia Sheriff’s Deputy employed excessive force by detaining a pretrial detainee “in a hot, unventilated, and unair-conditioned transport van for approximately two …
Article • August 1, 2021 • from PLN August, 2021
No Qualified Immunity for Oregon Prison Officials’ COVID-19 Response; Class Certified by Mark Wilson by Mark Wilson "The law is clearly established that individuals in government custody have a constitutional right to be protected against a heightened exposure to serious easily communicable diseases,” concluded United States Magistrate Stacie F. Beckerman …
Article • July 1, 2021 • from PLN July, 2021
Georgia Sheriffs Entitled to Eleventh Amendment Immunity When Setting Jail Policies That Lead to Prisoners Being Sexually Abused by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals affirmed the dismissal of a civil rights complaint against a Georgia Sheriff. The Court held the Sheriff was entitled …
Article • June 1, 2021 • from PLN June, 2021
Filed under: Sovereign Immunity
Kentucky Consolidated Local Government Entitled to Sovereign Immunity by David Reutter by David M. Reutter The Kentucky Supreme Court held that the Louisville Metro Government (LMG) are entitled to sovereign and qualified immunity in a lawsuit alleging violation of Ky. Rev. Stat. 71.040. The court’s December 17, 2020, opinion was …
New Federalism and Civil Rights Enforcement, 2021 Copyright 2021 by Alexander Reinert, Joanna C. Schwartz & James E. Pfander Printed in U.S.A. Vol. 116, No. 3 NEW FEDERALISM AND CIVIL RIGHTS ENFORCEMENT Alexander Reinert, Joanna C. Schwartz & James E. Pfander ABSTRACT—Calls for change to the infrastructure of civil rights …
Article • February 10, 2021
Man Denied Justice After Guard Humiliates and Beats Him by The Court dismissed the case of a prisoner who was assaulted by a guard while standing in line in a prison mess hall after it determined that the assault took place outside the "scope of [the guard's] employment.” On January …
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