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Parole Officer Recommendation Not Protected by Absolute Immunity

Article • February 15, 1999 • from PLN February, 1999

Filed under: Parole Board Misconduct, Retaliation for Litigating, Civil Procedure, State Law Claims, Parties, Parole, Qualified Immunity, Judicial Immunity, Prosecutorial Immunity

Parole Officer Recommendation Not Protected by Absolute Immunity by Parole Officer Recommendation Not Protected by Absolute Immunity The court of appeals for the second circuit held a parole officer who recommended that a warrant be issued for a parolee's arrest was not entitled to absolute imunity. John Scotto, a felony …

Sexual Harassment Actionable

Article • June 15, 1998 • from PLN June, 1998

Filed under: Staff-Prisoner Harassment, Failure to Protect (General), Civil Procedure, Defenses, Parties

Sexual Harassment Actionable by The court of appeals for the seventh circuit held that sexual harassment by prison staff is actionable under 42 U.S.C. § 1983. The ruling is important because it defines when prison staff act under "color of state law" for liability purposes. Eric Walker, an Illinois state …

Beating by Unknown Guards States Claim

Article • June 15, 1998 • from PLN June, 1998

Filed under: Injury -- Misc., Exposure to Cold, Water, Sanitation, Bedding, Appointment of Counsel, Guard Brutality/Beatings, Civil Procedure, Parties, Discovery

Beating by Unknown Guards States Claim by Afederal district court in the District of Columbia held that a prisoner's claim that he was beaten unconscious by three unknown guards stated a claim for violation of the eighth amendment. James Arnold, a District of Columbia (DC) prisoner, was returning to his …

Ohio Prison Doctor Liable in Asthma Death

Article • November 15, 1997 • from PLN November, 1997

Filed under: Work Conditions/Safety, Respiratory, Medical Records, Civil Procedure, Parties, Expert Witnesses, Medical Neglect/Malpractice

Ohio Prison Doctor Liable in Asthma Death by A federal district court in Ohio held that factual disputes required a trial to determine if Ohio DOC medical staff were liable in the death of a prisoner who died from an asthma attack. Ernest Davis was an Ohio state prisoner with …

Pro Se Litigant Entitled to Defendant's Identity

Article • June 15, 1997 • from PLN June, 1997

Filed under: Medication, Cardiovascular, Civil Procedure, Complaints, Parties, Limitations, Discovery

Pro Se Litigant Entitled to Defendant's Identity by The court of appeals for the seventh circuit held that a pro se litigant is entitled to court appointed counsel in order to discover the identity of defendants and the statute of limitations was subject to equitable tolling while discovery took place. …

Estate Proper Party When Defendant Dies

Article • February 15, 1994 • from PLN February, 1994

Filed under: Guard Brutality/Beatings, Civil Procedure, Complaints, Parties

Estate Proper Party When Defendant Dies by Jerry Young is a New York state prisoner. He filed suit under § 1983 claiming that Terry Patrice, a prison guard, had beaten him. During the pendency of the suit it appears that Patrice died. The attorney general filed a motion to dismiss …