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Article • February 8, 2018
ND DOC Immune Claims of Injury Suit Unless Act Intentional by David Reutter by David Reutter The North Dakota Supreme Court held the North Dakota Department of Corrections (NDDOC) is immune from litigation unless an employee injury is due to intentional act of conscious purpose. Delmar Markel was a guard …
Article • February 8, 2018
Filed under: Immunity/Liability
Washington DOC Not Subject to Absolute Immunity from All Litigation by David Reutter A Washington state court of appeals held that the Department of Corrections (DOC) is not automatically subject to any immunity from litigation against actions outside their quasi-judicial function. Nonetheless, its officers do not owe a duty to …
Griffin v. Condon, MI, Appellate Brief, Retaliation, 2018 Case: 17-1931 Document: 16 Filed: 01/10/2018 Page: 1 CASE NO. 17-1931 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT RANDLE GRIFFIN, Plaintiff-Appellee, v. RUM LOUIS CONDON, RUO JOSEPH DOWNARD, and RUO GARY MCMURTRIE, Defendants-Appellants. ON APPEAL FROM THE UNITED STATES DISTRICT …
Michigan DOC Creates Contract Compliance Unit by On the heels of a controversy involving its food service vendor, the Michigan Department of Corrections (MDOC) is creating a unit to monitor contract compliance. As PLN reported, MDOC tossed Aramark Correctional Services as its food service vendor following a  highly publicized failure …
Article • December 21, 2017
Eighth Circuit: Restraint Board Order Entitled to Qualified Immunity by Mark Wilson by Mark Wilson The United States Court of Appeals for the Eighth Circuit reversed a lower court’s denial of qualified immunity to a guard who ordered a prisoner confined to a restraint board for more than three hours. …
Article • December 13, 2017
Thirty-Nine Year Stay in Solitary Requires Procedural Safeguards; 5th Circuit Affirms Denial of Qualified Immunity by On December 17, 2014, the Fifth Circuit U.S. Court of Appeals upheld the ruling of a Louisiana federal district court judge denying qualified immunity to prison officials in a lawsuit filed by a prisoner …
Eighth Circuit: Restraint Board Order Entitled to Qualified Immunity by The United States Court of Appeals for the Eighth Circuit reversed a lower court’s denial of qualified immunity to a guard who ordered a prisoner confined to a restraint board for more than three hours. Minnesota prisoner Ronnie Jackson has …
US Parole Activists Aim to Overhaul a Failing System by Jean Trounstine by Jean Trounstine, originally published September 30, 2017, Truthout.org. The United States has the shameful reputation of being the world's largest jailer, and as the Prison Policy Initiative reported in March, 2017, 2.3 million people are currently locked up in …
Article • September 8, 2017
First Circuit Denies Qualified Immunity to Police Officer for Arrest Without Probable Cause by Lonnie Burton by Lonnie Burton On February 1, 2017, the U.S. Court of Appeals for the First Circuit set aside a lower court ruling which granted summary judgment to a police officer who was sued for …
Publication • September 1, 2017
Parole Revocation in CT, Samuel Jabobs Criminal Justice Clinic,2017 Parole Revocation in Connecticut opportunities to reduce incarceration Samuel Jacobs Criminal Justice Clinic | Jerome N. Frank Legal Services Organization September 2017 Parole Revocation in Connecticut opportunities to reduce incarceration The report was written by Asli Bashir, Rachel Shur, Theodore Torres, …
Florida Sheriff Not Immune from Suit in Hiring Decisions Allegedly Motivated By Politics, Eleventh Circuit Rules by Lonnie Burton by Lonnie Burton On December 14, 2016, the United States Court of Appeals for the Eleventh Circuit reversed a lower court ruling and reinstated a lawsuit brought by a former Broward …
Article • August 30, 2017 • from PLN September, 2017
Filed under: Bail, Qualified Immunity
Ninth Circuit: Courtroom Deputy Entitled to Qualified, Not Absolute, Immunity by The Ninth Circuit has held that a courtroom deputy was not entitled to absolute immunity for shoving a bail enforcement agent from a courtroom. The appellate court also found, however, that the deputy was entitled to qualified immunity. Nevada …
Bangert v. County of Placer, et al., CA, class-action complaint, abuse at jail, 2017 Case 2:17-cv-01667-KJN Document 1 Filed 08/11/17 Page 1 of 23 1 Mark E. Merin (State Bar No. 043849) Paul H. Masuhara (State Bar No. 289805) 2 LAW OFFICE OF MARK E. MERIN 3 4 5 6 …
Brief • August 3, 2017
Hood v. Keefe Commissary, MO, Complaint - Commissary Kickback Conspiracy, 2017 Case: 25CI1:17-cv-00081-WLK Document #: 1 Filed: 02/08/2017 IN THE CIRCUIT COURT FOR THE FIRST JUDICIAL DIST OF HINDS COUNTY, MISSISSIPPI JIM HOOD, ATTORNEY GENERAL OF THE STATE OF MISSISSIPPI, ex rei. THE STATE OF MISSISSIPPI, Plaintiff, Page 1 of …
Ninth Circuit: Warden Who Failed to Protect Female Prisoners from Sexual Assault Not Immune from Suit by Christopher Zoukis by Christopher Zoukis The Ninth Circuit has ruled that the former warden at the California Institute for Women (CIW) is not immune from liability for failing to protect two female prisoners …
Article • July 28, 2017 • from PLN August, 2017
Filed under: Food, Qualified Immunity
Eighth Circuit Rejects Qualified Immunity on Inadequate Nutrition Claim by On June 13, 2016, the Eighth Circuit affirmed a district court’s denial of qualified immunity to several defendants on a civilly-committed sex offender’s inadequate nutrition claim. Thomas Ingrassia was civilly committed to the Missouri Sexual Offender Rehabilitation and Treatment Services …
Article • June 30, 2017 • from PLN July, 2017
Lawsuit against Oklahoma Jail for Providing False Information Partially Reinstated on Appeal by On July 19, 2016 the Court of Civil Appeals of Oklahoma reversed, in part, a lower court order dismissing a suit against jail officials accused of providing false and misleading information about a former defendant to a …
Brief • June 30, 2017
Diaz v. City of Concord, CA, Settlement, Reckless Driving, 2017 RELEASE FOR AND IN CONSIDERATION of a valid draft(s) made payable in accordance with the attached Exhibit A, incorporated herein, in the amount of TWO HUNDRED THOUSAND AND NO/I 00 DOLLARS ($200,000.00), the undersigned, SUHYLAH DIAZ, as Guardian ad Litem …
National Police Accountability Project - CLE Seminar Brochure, DC, 2017 Name:_____________________________________ Firm: _____________________________________ Address:___________________________________ City:_______________ State:___ Zip:___________ Phone:_____________ E-mail_________________ Please bill my: [ ] Visa [ ] MC [ ] Discover Card #_____________________________________ Expiration Date: _____________________________ CVV Code: ______________________________ Signature: __________________________________ [ ] Check enclosed (Please make check payable to: …
Brown v. Drummond, et al., MO, complaint, wrongful death 2017 Case: 4:17-cv-01679-SNLJ Doc. #: 1 Filed: 06/16/17 Page: 1 of 17 PageID #: 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION MONICA BROWN, Individually and as Heir of MARK A. JACONSKI, Deceased, Plaintiff, vs TANYA DRUMMOND, PATRICIA …
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