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Third Circuit Revives Disabled New Jersey Prisoner’s Claim for Deprivation of Walking Cane by Douglas Ankney by Douglas Ankney On September 19, 2023, the U.S. Court of Appeals for the Third Circuit reversed dismissal of prisoner Tremayne Durham’s suit blaming employees of the New Jersey Department of Corrections (DOC) for …
Article • July 1, 2021 • from PLN July, 2021
Georgia Sheriffs Entitled to Eleventh Amendment Immunity When Setting Jail Policies That Lead to Prisoners Being Sexually Abused by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals affirmed the dismissal of a civil rights complaint against a Georgia Sheriff. The Court held the Sheriff was entitled …
Tenth Circuit: Prisoner Forfeited ADA Abrogation of Sovereign Immunity Argument by Mark Wilson by Mark Wilson The United States Court of Appeals for the Tenth Circuit held that a former Colorado prisoner waived his argument that Title II of the Americans with Disabilities Act (ADA) abrogates sovereign immunity. The court …
Article • December 7, 2018 • from PLN December, 2018
Garnishment Action in Federal Court to Collect Jury Award was Improper by The Eleventh Circuit Court of Appeals held that garnishment actions are “suits” for Eleventh Amendment purposes. That holding compelled the appellate court to find a prisoner could not pursue a garnishment motion in federal court to redirect funds …
Prison Excessive Force Cases: A Primer by Ilann M. Maazel In his column on Civil Rights Litigation, Ilann M. Maazel explains the basic standard for bringing civil rights actions for prison brutality by state or local corrections officers. by Ilann M. Maazel | New York Law Journal Excessive force on …
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 …
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 …
Section 1983 Litigation, Karen Blum Journal Article, 2015 SECTION 1983 LITIGATION: THE MAZE, THE MUD, AND THE MADNESS Karen M. Blum* INTRODUCTION Some of us were there at the “founding,” and I don’t mean in 1871 when 42 U.S.C. § 19831 was originally enacted as the Ku Klux Klan Act,2 …
Eighth Circuit Reverses Dismissal of Prisoner’s ADA/RA Claims by Mark Wilson Eighth Circuit Reverses Dismissal of Prisoner’s ADA/RA Claims by Mark Wilson The Eighth Circuit has reversed in part the dismissal of a Missouri prisoner’s claims related to accommodation of his disabilities. In 2004, Missouri Department of Corrections (MDOC) prisoner …
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 • May 15, 2013
Alabama Supreme Court Upholds Exemption for DOC Driver’s Liability by The Supreme Court of Alabama ruled in June 2006 for the state in a lawsuit that arose out of a state prisoner, Warren R. Robinson, on work-release and driving a Department of Corrections (DOC) van, backing into the vehicle of …
US District Court Denies Fla. DOC Wrongful Death Defense by The United States District Court for the Middle District in Ocala denied in September 2012 the Florida Department of Corrections’ dispositive motion in the First Amendment claims of Lynn Wolfe, Plaintiff and mother of deceased DOC prisoner, Daniel Wolfe. Plaintiff …
Article • March 15, 2013
Alabama: Deputy Sheriffs Immune from Suit for Damages by The Alabama Supreme Court has held that deputy sheriffs, like sheriffs, are constitutional officers who, by virtue of the doctrine of state immunity, cannot be sued for monetary damages in their individual capacity when the acts that form the basis of …
Sovereign Immunity Withstands RLUIPA; Jewish Succah may be Permissible Religious Exercise by Sovereign Immunity Withstands RLUIPA; Jewish Succah May be Permissible Religious Exercise by David M. Reutter The Religious Land Use and Institutionalized Persons Act (RLUIPA) does not waive a state’s Eleventh Amendment sovereign immunity from suit for monetary damages. …
Fulton County’s Blanket Strip Search Policy Unconstitutional by The Eleventh Circuit Court of Appeals has held unconstitutional a blanket strip search policy of arrestees as part of their point-of-booking into jail, of detainees who posted bond or were ordered released at the jail before booking was started or completed, and …
9th Circuit: Eleventh Amendment Bars Prisoner’s Claim for Damages under RLUIPA by The Ninth Circuit has held that a prisoner bringing suit under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. § 2000cc-1, may not obtain damages from state officials in their official capacities. California …
Sixth Circuit: No Eleventh Amendment Immunity When ADA Claim Includes Fourteenth Amendment Violations by Matthew Clarke by Matt Clarke On January 5, 2010, the Sixth Circuit Court of Appeals upheld a Michigan district court’s denial of Eleventh Amendment immunity for a claim involving both a violation of the Americans with …
Ninth Circuit Holds Prosecutors Immune for Parole Recommendations by Mark Wilson The Ninth Circuit Court of Appeals has held that prosecutors are absolutely immune for making parole recom-mendations. Liza Brown shot her husband to death and entered into an oral plea agreement. “During the plea colloquy, the prosecutor stated that, …
Cook County Strip, Body Cavity Searches Held Unconstitutional; Other Suits Pending by Brandon Sample On February 23, 2009, U.S. District Court Judge Matthew F. Kennelly granted partial summary judgment to the plaintiffs in a class action lawsuit challenging certain strip and visual body cavity searches conducted at Illinois’ Cook County …
Texas Religious Group Policies May Violate First Amendment and RLUIPA; TDCJ Changes Policy by The Fifth Circuit Court of Appeals held that Texas Department of Criminal Justice (TDCJ) policies that had the effect of prohibiting a prisoner from meeting with other members of his religion and possessing religious items may …
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