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Allah v. Milling, US, Amicus Brief, Qualified Immunity, 2018 No. 17-8654 IN THE Supreme Court of the United States _________ ALMIGHTY SUPREME BORN ALLAH, v. Petitioner, LYNN MILLING, et al., Respondents. _________ On Petition For A Writ Of Certiorari To The United States Court of Appeals For The Second Circuit …
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 • July 6, 2016 • from PLN July, 2016
Dekalb County Settles Lawsuit, Ends Debtors’ Prisons by Last year, the American Civil Liberties Union reached a settlement that will end debtors’ prisons in Dekalb County, Georgia. The settlement is the latest in a string of lawsuits challenging contracts involving for-profit probation company Judicial Correction Services (JCS). [See: PLN, Jan. …
Article • December 1, 2015 • from PLN December, 2015
One of Two Charges Dropped against Former Texas Governor in Abuse-of-Power Case by Matthew Clarke One of Two Charges Dropped against Former Texas Governor in Abuse-of-Power Case by Matt Clarke One criminal charge has been dismissed in an abuse-of-power case filed against ex-Texas Governor Rick Perry, but a second charge …
Federal Court Denies Absolute Immunity to Parole Officers by Christopher McWhorter Federal Court Denies Absolute Immunity to Parole Officers by J. Christopher McWhorter The district court for the Southern District of New York denied claims that parole officers were acting in a quasi-judicial role when they forbade a registered sex-offender …
Article • October 5, 2014
Ninth Circuit Says Absolute Immunity Protects Extradition Decisions by Ninth Circuit Says Absolute Immunity Protects Extradition Decisions   The Ninth Circuit Court of Appeals held that the decision not to extradite a criminal defendant is intimately associated with the criminal phase of the judicial process. Therefore, state officials participating in …
Article • May 15, 2013
Court of Appeals Upholds Judicial Immunity in Civil Rights Claim by The United States Court of Appeals for the Eighth Circuit affirmed in August 2012 the judgment of the U.S. District Court for the Eastern District of Missouri, that the civil rights claims against state court Judge Patrick Young be …
Article • November 15, 2011
Florida Jail Guard Awarded $600,000 in Defamation Suit; Award Vacated by A Florida jury awarded a former jail guard $600,000 for defamation and lost earnings against the ST. Lucie County Sheriff’s Office (SLCSO). In a post-trial motion, the Circuit Court dismissed the verdict. While working as a guard on July …
Article • September 15, 2011
Minnesota Commissioner of Corrections Not Immune From Section 1983 Suit Seeking Injunctive Relief by John Dannenberg by John E. Dannenberg The Minnesota Court of Appeals ruled that the Commissioner of Corrections does not enjoy absolute immunity from injunctive relief when acting in her “quasi-judicial” capacity to review a lifer’s suitability …
Article • September 15, 2011
California DOC Officials Enjoy Absolute Immunity From Tort Liability Under Civil Code by John Dannenberg by John E. Dannenberg When a private prison corporation sued Director Jeanne Woodford of the California Department of Corrections and Rehabilitation (CDCR) for alleged defamatory statements made against the corporation's performance on a CDCR contract, …
6th Circuit: County Prosecutor Protected by 11th Amendment by In a decision filed on July 30, 2009, the 6th Circuit affirmed a ruling of a Michigan court granting summary judgment to Arenac County and Arenac County Prosecutor, Curtis G. Broughton. The complaint was brought pursuant to 42 U.S.C. § 1983 …
Article • May 15, 2011
Second Circuit Rejects Bivens Claim against Judges for Attorney Compensation by On August 28, 2009, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a lawsuit by a public defender who alleged that he was undercompensated in violation of his right to due process. David Bliven …
Prosecutor Not Entitled to Immunity for Statements to Press by On November 17, 2009, the U.S. Court of Appeals for the Eleventh Circuit affirmed in part and reversed in part judgment for a prosecutor, warden, and other prison staff member accused of various constitutional violations. Woodson Hart sued prosecutor Kenneth …
Article • August 15, 2010 • from PLN August, 2010
Washington Supreme Court Holds No Judicial Immunity for Non-Judicial Conduct by The doctrine of judicial immunity does not apply to actions unrelated to judicial conduct, the Supreme Court of Washington decided on December 31, 2009. In September 2002, Skagit County District Court Judge Stephen Skelton ordered Deputy Deanna Randall to …
Pennsylvania Judges Involved in Corruption Case Face Liability; 5,000 Convictions Thrown Out by David Reutter by David M. Reutter A Pennsylvania U.S. District Court has granted absolute judicial immunity to two former state court judges in a consolidated class-action civil rights suit. That immunity, however, only applied to judicial acts, …
Ninth Circuit: Federal Receiver May be Sued for Breach of Contract by Michael Brodheim The Ninth Circuit held on Oct. 30, 2009 that the Receiver appointed by a federal court to oversee delivery of medical care to prisoners in the California Department of Corrections and Rehabilitation (CDCR) was not immune …
NY DOCS Lacks Authority to Administratively Impose PRS – But State’s Liability Uncertain by Mark Wilson New York prison officials lack the authority to require prisoners to serve Post-Release Supervision (PRS) that was not ordered by the sentencing court, according to the Second Circuit Court of Appeals and the Appellate …
Missouri Public Defenders Not Immune from Client Suits by In a case of first impression, the Missouri Court of Appeals held that state public defenders are not entitled to official immunity for acts committed during their representation of indigent criminal defendants. Missouri public defender Arthur Allen represented Bernardo Costa, an …
Judge Not: Judges Benched for Personal Misconduct by by Gary Hunter & Alex Friedmann They decide hot-button topics ranging from abortion and racial discrimination to religious freedoms and contested elections. They can put you in prison or vindicate your civil rights. They can even sentence you to death. Who am …
Article • July 15, 2009
California Governor Entitled to Absolute Immunity for Erroneous Review for Prisoner’s Parole Eligibility by Former California Governor Gray Davis is entitled to absolute quasi-judicial immunity for his actions related to the erroneous review of a parole board’s grant of parole, the Ninth Circuit held on April 2, 2008. Donald Miller …
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