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Qualified Immunity Denied to Nurses who Ignored Prisoner's Symptoms of Active TB; $2.28 Million in Damages, Fees and Costs on Remand by The Eighth Circuit Court of Appeals held on July 12, 2012 that a former prisoner had presented sufficient evidence against three nurses to overcome qualified immunity in a …
Article • August 15, 2013 • from PLN August, 2013
DC Circuit: Qualified Immunity for Retroactive U.S. Parole Commission Regulations by The Court of Appeals for the District of Columbia (DC) Circuit has affirmed a district court's grant of qualified immunity to U.S. Parole Commission officials related to the retroactive application of parole regulations. In 1993, Melvin Taylor was convicted …
8th Circuit: Qualified Immunity Denied to Nebraska Investigative Team Which Manufactured False Evidence to Secure Murder Conviction of Innocent Party by In October 2012, the Eighth Circuit Court of Appeals affirmed the denial of qualified immunity to a team of investigators accused of conspiring to manufacture false evidence and procuring …
Article • July 15, 2013 • from PLN July, 2013
$737,500 Settlement after Seventh Circuit Finds No Qualified Immunity for Prisoner's Suicide by The Seventh Circuit Court of Appeals has upheld a district court's partial denial of qualified immunity in a case involving the suicide of a Wisconsin prisoner. "Jessie Miller led a tragically short and troubled life. Exposed to …
Article • July 15, 2013 • from PLN July, 2013
Ninth Circuit: Enemy Combatant Detention/Torture Not Clearly Established by Last year, the Ninth Circuit Court of Appeals held that recent U.S. Supreme Court precedent compelled it to conclude that federal officials were entitled to qualified immunity for the treatment of enemy combatants detained after the September 11, 2001 terrorist attacks, …
Article • July 15, 2013 • from PLN July, 2013
Sixth Circuit: Failed Cancer Diagnosis Not Deliberately Indifferent by The Sixth Circuit Court of Appeals has reversed a lower court's denial of qualified immunity to a Michigan prison doctor and nurse accused of failing to diagnose a prisoner's bone cancer. On February 13, 2007, Mound Correctional Facility prisoner Joshua Reilly …
Article • June 15, 2013 • from PLN June, 2013
Fourth Circuit: No Qualified Immunity for Bail Bondsmen; $100,000 Damages Award Upheld by The Fourth Circuit Court of Appeals has upheld a jury verdict and $100,000 damages award, concluding that bail bondsmen are not entitled to qualified immunity. South Carolina bail bondsman Jon E. Ham, through his company Quick Silver …
Barrett v. Williams, OR, Memorandum of Law, Rejecting Qualified Immunity, 2013 Case 6:11-cv-06358-HZ Document 82 Filed 05/22/13 Page 1 of 18 Case 6:11-cv-06358-HZ Document 82 Filed 05/22/13 Page 2 of 18 Case 6:11-cv-06358-HZ Document 82 Filed 05/22/13 Page 3 of 18 Case 6:11-cv-06358-HZ Document 82 Filed 05/22/13 Page 4 of …
Article • May 15, 2013 • from PLN May, 2013
Eighth Circuit Overturns Jury’s $850,000 Verdict for Nebraska Detainee’s Suicide by The Eighth Circuit Court of Appeals has reversed a jury’s verdict in favor of the estate of a pre-trial detainee who committed suicide at Nebraska’s Dodge County Jail. Circuit Judge Kermit E. Bye filed a dissenting opinion that criticized …
Article • May 15, 2013
Religious Diet Qualified Immunity Test Outlined by The Seventh Circuit Court of Appeals has held that in determining whether a prison official is entitled to qualified immunity for refusing a prisoner a religious diet, the district court must know whether the official used the tenets of the religion to disqualify …
ADX Prisoner Wins Settlement for Injuries Incurred in Unlit Cell by Derek Gilna Bob Allen Custard, currently an ADX Florence prisoner, has won a $7500 settlement from three Georgia federal correctional personnel for their breach of their duty to maintain a safe environment in Custard’s cell in the Atlanta Metropolitan …
Article • May 15, 2013
Supreme Court Rules on Terrorist Issue by The U.S. Supreme Court reversed and remanded in May 2011, a Ninth Circuit Court of Appeals affirmation of an Idaho district court’s holding that U.S. Attorney General John D. Ashcroft was ineligible for both qualified and absolute immunity in a Fourth Amendment issue …
McClary v. City of New York et al, NY, Plf Opp to Def MSJ, warrantless search qualified immunity, 2013 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------------------- X BRENDA MCCLARY, Plaintiff, -againstTHE CITY OF NEW YORK, a municipal entity; Sergeant SONIA CHRISTIAN (Shield #3066); MATTHEW VORRARO (Shield #15194); …
Second Circuit: Continuing Violations Exhausted with Single Grievance by The Second Circuit Court of Appeals held on May 16, 2012 that a New York district court had incorrectly concluded that a prisoner failed to exhaust his administrative remedies before bringing a religious freedom suit. Muslim prisoner Neil Johnson was confined …
Article • April 15, 2013
US Court of Appeals Finds for Defendant District Attorney in Autopsy Photo Leak by The United States Court of Appeals for the Ninth Circuit affirmed in May 2012 the decision of the USDC SD California, dismissing the §1983 claim against and granting qualified immunity to a retired deputy district attorney …
U.S. Court of Appeals Upholds Immunity for Police after Arrest by The United States Court of Appeals for the Eighth Circuit affirmed in July 2012 the District Court’s Western District of Arkansas ruling that the several named sheriff’s deputies, et al., were entitled to qualified immunity after the active arrest …
Article • April 15, 2013
Fifth Circuit Upholds Dismissal of Suit for Delay Bringing Arrestees Before a Judge by The 5th Circuit Court of Appeals upheld the dismissal of a 42 U.S.C. § 1983 Civil Rights action, alleging the violation of the 4th and 14th Amendments of two Mississippi men, who were detained for more …
Mays v. Howell, MO, Plaintiff's Memo in Opposition of Defendant's MSJ, Cop Killed Dog, 2013 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI NORTHERN DIVISION MARCUS MAYS, Plaintiff, v. DOUG HOWELL, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 2:12-CV-6 JCH PLAINTIFF’S MEMORANDUM IN …
Article • March 15, 2013
Tenth Circuit: No Clearly-Established Right to Oklahoma Trust Fund Money by Matthew Clarke by Matt Clarke On November 22, 2010, the Tenth Circuit Court of Appeals held that Oklahoma state prisoners had no clearly-established right to the funds in their trust fund accounts in 2007. Herman T. Clark, an Oklahoma …
Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld by Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld On March 19, 2012, the Eighth Circuit Court of Appeals held that 42 U.S.C. § 1997e(e) bars compensatory damages …
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