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Tenth Circuit: Kansas Prisoner's Exercise, Newspaper Ban Claims Valid by In this case filed by a Kansas prisoner, the Tenth U.S. Circuit Court of Appeals held in an unpublished opinion that inadequate, outside exercise time and a total ban on newspapers possibly violated the prisoner's constitutional rights. Mitchell Thomas was …
Eighth Circuit Reverses Dismissal for Consideration Under McKune v. Lile by The U.S. Eighth Circuit Court of Appeals reversed the dismissal of a Missouri prisoner's suit, holding that qualified immunity does not shield officials from equitable relief and that the prisoner's suit raised issues that must be considered in light …
Texas County Liable in Juvenile's Jail Suicide by A Texas federal District Court held that Harris County can be held liable in the suicide of a teenager at the County's Juvenile Detention Westside Command Center, known as Delta 3 Boot Camp. The juvenile had threatened on several occasions over his …
$380,000 Award Against Louisiana Sheriff and Deputy Upheld in Jail Rape Case by The U.S. Court of Appeals for the Fifth Circuit upheld a U.S. District Court's award of punitive and compensatory damages to a plaintiff who was beaten and raped in jail. Plaintiff, a white male, filed a §1983 …
Alabama Sheriffs Entitled to Immunity in §1983 Actions by The U.S. Supreme Court held that Alabama sheriffs were officials of the state rather than the county and therefore entitled to immunity in §1983 actions. An Alabama prisoner who had been sentenced to death had his conviction overturned and subsequently brought …
Confinement in Strip Cells as Disciplinary Tool Unconstitutional by New York prisoners Mosher and Wright brought separate § 1983 actions, later consolidated, against a prison warden for Eighth Amendment violations stemming from their confinement in a strip cell." Strip cells are used for psychiatric observation; they are bare and have …
Mental Health Supervisor Granted Qualified Immunity in Prisoner's Sexual Assault by Mental Health Supervisor Granted Qualified Immunity in Prisoner's Sexual Assault The U.S. Tenth Circuit Court of Appeals has affirmed a federal district court's grant of summary judgment on qualified immunity grounds to a mental health institution's supervisor against a …
Article • May 15, 2007
Connecticut: Suit Over Prisoner's Suicide Settles for $450,000 by In this case published by the New England Jury Verdict Review & Analysis in February 1994, the estate and brother of a prisoner who committed suicide in the Southington, Connecticut, jail apparently settled their claims for $450,000. According to the plaintiffs, …
$4,000 Injury Award for Body Cavity Search by The U.S. District Court for the District of Nevada held that anal body cavity searches conducted on two Nevada prisoners were not unconstitutional but that a subsequent cavity search of one of the prisoners was, and that the associate warden was liable …
Jailers Denied Qualified Immunity on Prisoner Assault by The U.S. Eighth Circuit Court of Appeals, reversing an Arkansas U.S. District Court, denied qualified immunity to jailers who knowingly celled an arrestee with his known enemy, resulting in an assault on the arrestee. Rod White was arrested and booked at the …
Leavenworth Prison Officials Granted Qualified Immunity on Court Access Case by Reversing the U.S. District Court for the District of Kansas, the U.S. Tenth Circuit Court of Appeals held that officials at the United States Penitentiary at Leavenworth (USP-Leavenworth) and the Federal Bureau of Prisons (BOP) were entitled to qualified …
Disciplinary Findings Do Not Preclude Subsequent Factual Litigation; QI Denied by A Federal District Court in Michigan has held that findings made in prisoner disciplinary hearings should not be given preclusive effect when litigating factual issues in § 1983 claims. Qualified immunity was denied as untimely. Arthur Johnson claimed James …
Dismissal and QI Denied in Cross-Gender Pat Searches by The Federal District Court in Connecticut has found that fact issues remain regarding the constitutionality of cross gender pat searches and whether appropriate steps were taken to protect a female prisoner after she reported sexual assaults by a guard. Qualified immunity …
Article • May 15, 2007
Affirmative Action, Special Relationship Required For Government Liability by The United States District Court for the Southern District of Ohio held that barring a "special relationship" with the victim and any affirmative action taken by the county, defendant county was not liable for the death of a man shot by …
Washington Parole Officers Liable For Negligent Supervision by The Supreme Court of Washington held that the Washington state parole board was entitled to absolute immunity in claims alleging the negligent release of state prisoners, but individual parole officers were entitled only to qualified immunity in claims alleging negligent supervision. Plaintiffs …
County Prosecutors Acting Outside Their Authority Lose Absolute Immunity by In this somewhat confusing opinion, the U.S. Ninth Circuit Court of Appeals held that county prosecutors, defendants in a civil, rights lawsuit brought by two men who were falsely arrested, were not entitled to absolute immunity on numerous claims, including …
Removal Not Precluded By Single Eleventh Amendment Barred Claim by The United States Supreme Court held that a single claim barred by the Eleventh Amendment doctrine of sovereign immunity did not preclude removal to federal court. Keith Schacht, a former guard employed by the Wisconsin Department of Corrections, was fired …
Fifth Circuit Reverses Dismissal of Suit Against Prison Contractor by The U.S. Fifth Circuit Court of Appeals held in an unpublished opinion that a prisoner's lawsuit against a private prison operator should not have been dismissed on Eleventh Amendment immunity grounds. While confined in a prison operated by Cornell Corrections …
Article • May 15, 2007
District Attorney Must Pay $50,001 Damages; Seized Property Illegally Held by The U.S. Third Circuit Court of Appeals affirmed a $50,001 damages award against a Pennsylvania district attorney who illegally retained an arrestee's property. Frederick A. Brilla sued Washington County, Pennsylvania, District Attorney John Pettit under 42 U.S.C. §1983, claiming …
Article • May 15, 2007
Private Prison State Actor for Liability Purposes by In an unpublished ruling, the court of appeals for the Tenth circuit upheld dismissal of a New Mexico prisoner's claim that he was unlawfully transferred from a state prison to one run by a private, for profit company. Judge McKay concurred with …
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