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Article • July 6, 2016 • from PLN July, 2016
Michigan State Prisoner Receives $1,250 for Interference with Visit by Derek Gilna Michigan state prisoner Kevin King was awarded $1,250 in punitive damages and $1 in compensatory damages after a federal jury found that a guard had intentionally interfered with a visit with his wife. The court determined that the …
Sixth Circuit Rejects Qualified Immunity Defense by Guards in Wrongful Death Suit by Derek Gilna On August 21, 2015, the Sixth Circuit Court of Appeals rejected an appeal filed by jail officials seeking reversal of a district court’s denial of qualified and statutory immunity in a case involving a prisoner’s …
Petrolino v. City of San Francisco, CA, Complaint and Jury Trial Demand, Wrongful Death, 2016 Case 3:16-cv-02946 Document 1 Filed 06/02/16 Page 1 of 40 1 JEFFREY L. BORNSTEIN – 099358 ERNEST GALVAN – 196065 2 BENJAMIN BIEN-KAHN – 267933 ROSEN BIEN GALVAN & GRUNFELD LLP 3 50 Fremont Street, …
Warden’s Decision to Quarantine Handicapped Person in Unaccommodated Cell Actionable; $200,000 Settlement by The Sixth Circuit Court of Appeals held that a warden who placed a double amputee prisoner with MRSA in a segregation unit without handicap accommodations was not entitled to qualified immunity. When Martinique Stoudemire, 23 at the …
Failure to Timely Assert Affirmative Defense in Responsive Pleading Constitutes Waiver by The Sixth Circuit Court of Appeals held on April 8, 2015 that an Ohio federal district court did not abuse its discretion by finding prison officials had waived their qualified immunity defense in a prisoner’s civil rights action. …
Pepper-spraying Sleeping Prisoner Unconstitutional, but Case Loses at Trial by David Reutter The Sixth Circuit Court of Appeals held that “using a chemical agent in an attempt to wake a sleeping prisoner, without apparent necessity and in the absence of mitigating circumstances, violates clearly established law.” The ruling came in …
Article • April 1, 2016 • from PLN April, 2016
Ninth Circuit: Freezing Prisoner’s Funds Requires Pre-deprivation Process by Mark Wilson Prison officials must provide a pre-deprivation hearing before freezing substantial prisoner assets, the Ninth Circuit Court of Appeals held on April 6, 2015. Under Oregon’s “pay-to-stay” law, prisoners are fully liable for their incarceration costs. The Oregon Department of …
Garner v. Mohave County, AZ, Order, Jail Medical Care, Wrongful Death, 2016 Case 3:15-cv-08147-PGR Document 135 Filed 02/22/16 Page 1 of 6 1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 Joseph Garner, et al. Plaintiffs, 11 …
Article • January 13, 2016
Fifth Circuit Holds No Bivens Action Available for Immigration Arrests by Two undocumented immigrants who were subjected to traffic stops and arrested by federal Customs and Border Patrol agents far from the border filed Bivens actions against the agents including claims of due process violations, requests for relief under the …
Article • November 17, 2015
North Carolina District Attorney Not Entitled to Qualified Immunity for Allegedly Firing Employee Based on His Public Statements Criticizing Program by North Carolina District Attorney Not Entitled to Qualified Immunity for Allegedly Firing Employee Based on His Public Statements Criticizing Program The U.S. Court of Appeals for the Fourth Circuit …
Article • November 13, 2015
Federal Court Improperly Defers Judgment, Allows Discovery on Qualified Immunity Defense by Federal Court Improperly Defers Judgment, Allows Discovery on Qualified Immunity Defense The Fifth Circuit Court of Appeals has held that a lower court incorrectly deferred judgment on the defendants’ motion seeking qualified immunity and improperly allowed limited discovery. …
Dismissal of Prisoner’s Federal and State Claims Not Warranted; Prison Employees Not Automatically Immune from Liability by Dismissal of Prisoner’s Federal and State Claims Not Warranted; Prison Employees Not Automatically Immune from Liability The U.S. District Court for the Middle District of Pennsylvania has held that a state prisoner sufficiently …
Sixth Circuit Affirms Denial of Jail Nurse’s Qualified and Sovereign Immunity Defenses by Derek Gilna Sixth Circuit Affirms Denial of Jail Nurse’s Qualified and Sovereign Immunity Defenses by Derek Gilna The Sixth Circuit Court of Appeals has affirmed a decision by the United States District Court for the Northern District …
Federal Court Denies Absolute Immunity to Parole Officers by Christopher McWhorter Federal Court Denies Absolute Immunity to Parole Officers by J. Christopher McWhorter The district court for the Southern District of New York denied claims that parole officers were acting in a quasi-judicial role when they forbade a registered sex-offender …
Article • October 27, 2015
Filed under: Appeals, Qualified Immunity
Alabama Supreme Court to Resolve Law Granting Jailer Immunity by Alabama Supreme Court to Resolve Law Granting Jailer Immunity The Eleventh Circuit Court of Appeals certified two questions to the Alabama Supreme Court to assist in the application of a state law that provides jailers the same immunity state executive …
Court Reverses Denial of Jail’s Qualified Immunity Defense by Court Reverses Denial of Jail’s Qualified Immunity Defense On December 23, 2013, the United States Court of Appeals for the Eleventh Circuit held for appellants, the supervisory defendants, in a 42 U.S.C. §1983 suit raised by plaintiff/appellee Cindy Laine Franklin asserting …
Article • October 15, 2015
Missouri Flag Desecration Statute Held Facially Unconstitutional, Attorney’s Fees Properly Assessed by Missouri Flag Desecration Statute Held Facially Unconstitutional, Attorney’s Fees Properly Assessed The U.S. Court of Appeals for the Eighth Circuit has affirmed a district court’s holding that a Missouri flag desecration statute was facially unconstitutional and has held …
No Qualified Immunity for Private Doctor Working in Prison by No Qualified Immunity for Private Doctor Working in Prison On August 12, 2012, the United States Court of Appeals for the Sixth Circuit held that a private doctor under contract at a prison is not entitled to assert a defense …
Brief • September 29, 2015
Stamps v. Town of Framingham, MA, Brief of Amici Curiae, Wrongful Death Police Shooting, 2015 Case: 15-1141 Document: 00116895544 Page: 1 Date Filed: 09/29/2015 Entry ID: 5941384 15-1141 UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT EURIE A. STAMPS, JR. and NORMA BUSHFAN, Co-Administrators of the Estate of Eurie …
Article • September 25, 2015 • from PLN October, 2015
Doctor Involved in Botched Oklahoma Execution Unsuccessfully Sued in Federal Court by Christopher Zoukis Doctor Involved in Botched Oklahoma Execution Unsuccessfully Sued in Federal Court by Christopher Zoukis The family of Oklahoma prisoner Clayton Lockett, whose botched execution caused international outrage, filed a federal lawsuit that accused the doctor who …
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