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Brief • September 22, 2015
McCue v. City of Bangor, ME, Magistrate Rec. on Summary Judgment, Excessive Forec and Deliberate Indifference, 2015 Case 1:14-cv-00098-GZS Document 102 Filed 09/22/15 Page 1 of 27 PageID #: 954 UNITED STATES DISTRICT COURT DISTRICT OF MAINE MICHAEL MCCUE, Plaintiff, v. CITY OF BANGOR, et al., Defendants ) ) ) …
Article • September 21, 2015
Filed under: Qualified Immunity
State Attorney Shielded Under Absolute Immunity by State Attorney Shielded Under Absolute Immunity On April 23, 2012, Vermont Supreme Court affirmed the trial court ruling that the state's attorney was entitled to absolute immunity. In February 2010, South Burlington Police Officer John O'Connor filed a civil lawsuit against Chittenden County …
Article • September 18, 2015
6th Circuit Affirms for State in Brady Violation Suit by 6th Circuit Affirms for State in Brady Violation Suit On March 27, 2014, the United States Court of Appeals for the Sixth Circuit affirmed the district court’s judgment for the defendant, the State of Ohio, in an ex-death row prisoner’s …
Article • August 1, 2015 • from PLN August, 2015
Tenth Circuit: Ignoring Prisoner’s Severe Pain Precludes Qualified Immunity by Mark Wilson Tenth Circuit: Ignoring Prisoner’s Severe Pain Precludes Qualified Immunity by Mark Wilson On August 12, 2014, the Tenth Circuit Court of Appeals held that a prison nurse who refused to examine a prisoner suffering from severe abdominal pain …
Article • August 1, 2015 • from PLN August, 2015
Supreme Court Rules Qualified Immunity Shields Prison Officials from Suicide Claim by Derek Gilna Supreme Court Rules Qualified Immunity Shields Prison Officials from Suicide Claim by Derek Gilna In what can only be considered a step backward for holding corrections officials accountable for the preventable suicide of prisoners in their …
Whether Private Actors Entitled to Qualified Immunity Bypassed Due to Factual Dispute by Whether Private Actors Entitled to Qualified Immunity Bypassed Due to Factual Dispute The First Circuit Court of Appeals declined to rule on a question of whether qualified immunity is categorically unavailable to private medical contractors because disputed …
Article • June 10, 2015
California: Government Immunity Does Not Shield Officials from Decision to Keep Wrong Person Incarcerated by California: Government Immunity Does Not Shield Officials from Decision to Keep Wrong Person Incarcerated In August 2007, the California Supreme Court held that the governmental immunity provision of Government Code (GC) §845.8(a) did not shield …
Section 1983 Litigation, Karen Blum Journal Article, 2015 SECTION 1983 LITIGATION: THE MAZE, THE MUD, AND THE MADNESS Karen M. Blum* INTRODUCTION Some of us were there at the “founding,” and I don’t mean in 1871 when 42 U.S.C. § 19831 was originally enacted as the Ku Klux Klan Act,2 …
Article • May 6, 2015 • from PLN May, 2015
Filed under: Qualified Immunity
Maryland County Jail Guards Receive Rights Mirroring Those of State Prison Guards by Maryland County Jail Guards Receive Rights Mirroring Those of State Prison Guards A new Maryland law extends legal rights to guards at two county jails during investigations and disciplinary proceedings similar to those provided to guards in …
Article • April 9, 2015 • from PLN April, 2015
Third Circuit: No Supervisory Qualified Immunity for Prisoner Suicide by Mark Wilson Third Circuit: No Supervisory Qualified Immunity for Prisoner Suicide by Mark Wilson On September 5, 2014, the Third Circuit Court of Appeals affirmed the denial of qualified immunity to supervisory prison officials for inadequate third-party medical care resulting …
Brief • March 19, 2015
Goodwin v. Painesville, OH, Appeal Opinion and Order SJ - Qualified Immunity, Excessive Force Taser, 2015 Case: 14-3120 Document: 31-1 Filed: 03/19/2015 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Deborah S. Hunt Clerk …
Article • March 5, 2015 • from PLN March, 2015
Eighth Circuit Reverses Denial of Qualified Immunity; Prisoner Proved Neglect, Not Deliberate Indifference by Mark Wilson Eighth Circuit Reverses Denial of Qualified Immunity; Prisoner Proved Neglect, Not Deliberate Indifference by Mark Wilson On March 25, 2014, the Eighth Circuit Court of Appeals reversed a district court’s denial of qualified immunity …
Herrera v. City of Brea, CA, Plff's Memo Opp Order SJ, Malicious Prosecution, 2015 Case 8:12-cv-01650-SS Document 109 Filed 02/17/15 Page 1 of 31 Page ID #:1996 1 John Burton, State Bar No. 86029 jb@johnburtonlaw.com 2 THE LAW OFFICES OF JOHN BURTON 4 East Holly Street, Suite 201 3 Pasadena, …
Article • February 4, 2015 • from PLN February, 2015
Eighth Circuit: Ruling Required on Prison Officials’ Qualified Immunity Defense by Eighth Circuit: Ruling Required on Prison Officials’ Qualified Immunity Defense by Mark Wilson The Eighth Circuit Court of Appeals has held that a district court erred in failing to resolve a motion to dismiss based on qualified immunity with …
Article • February 4, 2015 • from PLN February, 2015
Eighth Circuit: Deliberate Indifference Standard GovernsMedical Care for Civilly Committed Detainees by Mark Wilson Eighth Circuit: Deliberate Indifference Standard GovernsMedical Care for Civilly Committed Detainees by Mark Wilson On February 4, 2014, the Eighth Circuit reversed a district court’s denial of qualified immunity, finding that it had applied the wrong …
Federal Court Holds Qualified Immunity Appropriate in Officers’ Warrantless Entry and Arrests, Not in Transporting Arrestees Naked by Federal Court Holds Qualified Immunity Appropriate in Officers’ Warrantless Entry and Arrests, Not in Transporting Arrestees Naked The U.S. District Court for the Middle District of Georgia has held that three law …
Article • January 12, 2015
Discretionary Immunity Bars Oregon Prisoner’s Negligent Sentence Computation Claim by Discretionary Immunity Bars Oregon Prisoner’s Negligent Sentence Computation Claim On April 10, 2014, the En Banc Oregon Supreme Court held that Oregon prison officials were entitled to discretionary immunity on a former prisoner’s negligence claim related to confining him 13 …
Tenth Circuit: No Qualified Immunity for Juvenile Restraint Chair Punishment by Mark Wilson Tenth Circuit: No Qualified Immunity for Juvenile Restraint Chair Punishment by Mark Wilson On November 8, 2013, the Tenth Circuit Court of Appeals upheld the denial of qualified immunity in a case that involved the shackling of …
Virginia Prison’s Policy Requiring Physical Indicia of Faith for Religious Sincerity Held Unconstitutional; Suit Settles for $3,795 by David Reutter Virginia Prison’s Policy Requiring Physical Indicia of Faith for Religious Sincerity Held Unconstitutional; Suit Settles for $3,795 by David M. Reutter The Fourth Circuit Court of Appeals has vacated a …
Article • October 10, 2014 • from PLN October, 2014
Colorado Law Grants Immunity to Law Enforcement Officers Transporting Juveniles by David Reutter Colorado Law Grants Immunity to Law Enforcement Officers Transporting Juveniles by David M. Reutter The Colorado Supreme Court held on January 13, 2014 that “allegations of negligence alone are not sufficient to overcome the statutory grant of …
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