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Article • May 20, 2014 • from PLN May, 2014
Warden Granted Qualified Immunity for Two-year Visitation Suspension by David Reutter Warden Granted Qualified Immunity for Two-year Visitation Suspension   by David Reutter   A prison official who suspended a prisoner’s visitation privileges was entitled to qualified immunity because, under the facts of the case, the prisoner did not have …
Article • April 15, 2014 • from PLN April, 2014
Qualified Immunity Denied to Michigan Guard for Improper Strip Search of Amputee Prisoner by The Sixth Circuit Court of Appeals affirmed the denial of qualified immunity to a Michigan prison guard who allegedly strip searched a prisoner without a legitimate penological reason for doing so. The appellate court also vacated …
Alabama Sheriff Made Party on Counterclaim Alleging Prisoners Subjected to Sexual Abuse by The Alabama Supreme Court has held that a third party to a lawsuit may be made a party when a counterclaim is filed. The Court also held a sheriff named as a defendant was not entitled to …
Article • February 15, 2014 • from PLN February, 2014
Former Kansas Prisoner’s Sexual Misconduct Suit Overcomes Qualified Immunity by The Tenth Circuit has affirmed the denial of qualified immunity to a warden in a civil rights action that alleged he created and allowed a policy or culture of sexual misconduct and failed to take reasonable measures to abate that …
Article • February 15, 2014 • from PLN February, 2014
Qualified Immunity Denied to Prison Psychiatrist who Prescribed Lethal Drug Combination; $450,000 Settlement by The Sixth Circuit Court of Appeals has affirmed the denial of qualified immunity to a psychiatrist in a lawsuit brought by a prisoner’s estate. The appellate court found the evidence could establish that the psychiatrist had …
Eighth Circuit: No Qualified Immunity for Excessive Use of Force, Retaliation by The Eighth Circuit Court of Appeals has affirmed a district court’s denial of qualified immunity on a prisoner’s retaliation and excessive force claims. On July 26, 2008, Missouri prisoner Victor Santiago faced administrative segregation for failing to report …
No Immunity for Detainee’s Death Due to Alcohol Withdrawal; $1.23 Million Settlement on Remand by The Sixth Circuit Court of Appeals held on November 20, 2012 that a Michigan county and two jail guards were not entitled to qualified immunity for a female detainee’s death due to severe alcohol withdrawal. …
Article • January 15, 2014 • from PLN January, 2014
Religious Diet Qualified Immunity Test Outlined by Seventh Circuit by The Seventh Circuit Court of Appeals has held that when determining whether a prison official is entitled to qualified immunity for refusing a prisoner’s request for a religious diet, the district court must determine whether the official used the tenets …
Article • January 15, 2014 • from PLN January, 2014
Ninth Circuit: No Summary Judgment on Claim of Excessive Use of Pepper Spray by On January 17, 2013, the Ninth Circuit Court of Appeals reversed a grant of summary judgment in favor of California prison officials, concluding that the district court had failed to consider the evidence in the light …
Brief • December 31, 2013
Slingluff v. State of Hawaii, Judgment Denying Qualified Immunity on Appeal, Medical Malpractice Leaves Prisoner Impotent, 2013 FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals 30233 31-DEC-2013 10:43 AM IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I ---oOo--GREGORY ALLEN SLINGLUFF, …
Third Circuit Allows Prisoner's Substitution of Deceased Guard’s Estate by The Third Circuit Court of Appeals held on October 16, 2012 that a district court had improperly denied a prisoner’s motion to substitute a deceased guard’s estate as a defendant. Delaware prisoner Wardell Leroy Giles filed suit in federal court …
Wyoming Sheriff Granted Qualified Immunity for Jail Guard’s Sexual Assault by The Wyoming Supreme Court has held that a county sheriff was improperly denied qualified immunity on claims that a guard in his employ sexually assaulted a female prisoner. While working as a jail guard in Utah, Todd Hoover underwent …
Barrett v. Williams, OR, MSJ Opinion and Order, Mail Denied due to Pictures on Envelope, 2013 Case 6:11-cv-06358-HZ Document 103 Filed 11/14/13 Page 1 of 25 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON JACOB BARRETT, Plaintiff, Case No. 6:11-cv-06358 OPINION & ORDER v. MAX WILLIAMS, et …
Article • September 15, 2013 • from PLN September, 2013
Qualified Immunity for NY Prison Officials who Failed to Award Parole Jail Time by The Second Circuit Court of Appeals held on August 7, 2012 that prison officials who failed to properly award parole jail time (PJT) credits to two prisoners serving concurrent prison and jail sentences were entitled to …
Article • August 15, 2013
Tenth Circuit: No Qualified Immunity for Strip Search by The Tenth Circuit Court of Appeals affirmed the denial of qualified immunity to a deputy who conducted an improper strip search of a woman confined due to mistaken identity. On April 18, 2005, Lakewood, Colorado police responded to an altercation between …
Article • August 15, 2013
Fourth Amendment: Unclear When Social Workers Violate by A U.S. appellate court held that three state social workers were entitled to qualified immunity from Fourth Amendment violations while a sheriff’s deputy was not. The U.S. Court of Appeals, Sixth Circuit, reviewed the decision of a U.S. District Court in Tennessee …
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 …
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