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Brief • 2018
Filed under: Qualified Immunity
Allah v. Milling, US, Scholars of the Law Amicus Curiae Brief, 2018 No. 17-8654 IN THE Supreme Court of the United States ALMIGHTY SUPREME BORN ALLAH, Petitioner, v. LYNN MILLING, et al., Respondents. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND …
Allah v. Milling, US, Certiorari Petition, Qualified Immunity, 2018 No. 17-8654 In the Supreme Court of the United States __________ Almighty Supreme Born Allah, Petitioner, v. Lynn Milling, et al., Respondents. __________ On Petition For Writ Of Certiorari To The United States Court of Appeals For The Second Circuit __________ …
Article • May 9, 2018 • from PLN May, 2018
Alabama: State Agencies Have Absolute Immunity in a Court of Law or Equity by The Supreme Court of Alabama held that state agencies can never be made a defendant in any court of law or equity. The ruling resulted after the Alabama Department of Corrections (ADOC) filed a petition for …
Article • May 9, 2018 • from PLN May, 2018
Filed under: Qualified Immunity
The “Qualified Immunity” Doctrine Needs to be Reexamined by Derek Gilna by Derek Gilna According to criminal justice expert and University of Chicago professor William Baude, “The doctrine of qualified immunity prevents government agents from being held personally liable for constitutional violations unless the violation was of ‘clearly established law.’” …
Article • May 7, 2018 • from PLN May, 2018
Seventh Circuit Affirms Denial of Qualified Immunity in Jail Suicide Suit by Matthew Clarke by Matt Clarke On July 26, 2017, the Seventh Circuit Court of Appeals affirmed a Wisconsin federal district court’s denial of qualified immunity to a jail guard and privately-contracted nurse after they ignored a prisoner’s risk …
Qualified Immunity Applied in Inadvertent Gassing of Over 100 Utah Prisoners by by R. Bailey The Tenth Circuit Court of Appeals held that Utah State Prison officials were entitled to qualified immunity and were properly granted summary judgment in an excessive use of force suit, because the gassing of 100 …
Article • March 7, 2018 • from PLN March, 2018
Tenth Circuit: Lengthy Denials of Outdoor Exercise Protected by Qualified Immunity by The Court of Appeals for the Tenth Circuit issued two decisions in July 2017 which held prison officials were entitled to qualified immunity for denying outdoor exercise to prisoners for 11 and 25 months. Colorado state prisoners Jonathan …
Article • March 6, 2018 • from PLN March, 2018
California: State Immune from Bane Act Claim for Valley Fever Exposure by The California Court of Appeal held on August 10, 2017 that the state is immune from liability on a Bane Act claim brought by a prisoner exposed to valley fever. Valley fever (officially known as Coccidioidomycosis or “cocci”) …
Article • March 6, 2018
Tenth Circuit: Lengthy Denials of Outdoor Exercise Protected by Qualified Immunity by The Court of Appeals for the Tenth Circuit issued two decisions in July 2017 which held prison officials were entitled to qualified immunity for denying outdoor exercise to prisoners for 11 and 25 months. Colorado state prisoners Jonathan …
Adams v. Ferguson, et al., VA, opinion, qualified immunity, 2018 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-1484 ROXANNE ADAMS, Administrator of the Estate of Jamycheal M. Mitchell, Deceased, Plaintiff - Appellee, v. DEBRA K. FERGUSON, Licensed Clinical Psychologist, Defendant - Appellant, and NAPHCARE, INC.; NSEKENENE …
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, …
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