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Article • November 1, 2021 • from PLN November, 2021
Fifth Circuit Holds Defendants Entitled to Sovereign Immunity For Denial of Sex-Reassignment Surgery to Texas Prisoner by Matthew Clarke by Matt Clarke On July 30, 2021, the United States Court of Appeals for the Fifth Circuit vacated orders denying sovereign immunity to some defendants in a lawsuit brought by a …
Article • June 1, 2021 • from PLN June, 2021
Filed under: Sovereign Immunity
Kentucky Consolidated Local Government Entitled to Sovereign Immunity by David Reutter by David M. Reutter The Kentucky Supreme Court held that the Louisville Metro Government (LMG) are entitled to sovereign and qualified immunity in a lawsuit alleging violation of Ky. Rev. Stat. 71.040. The court’s December 17, 2020, opinion was …
Article • February 10, 2021
Man Denied Justice After Guard Humiliates and Beats Him by The Court dismissed the case of a prisoner who was assaulted by a guard while standing in line in a prison mess hall after it determined that the assault took place outside the "scope of [the guard's] employment.” On January …
Article • January 21, 2021
Filed under: Sovereign Immunity
Kentucky Consolidated Local Government Entitled to Sovereign Immunity by David M. Reutter The Supreme Court of Kentucky held that the Louisville Metro Government (LMG) and its employees are entitled to sovereign and qualified in a lawsuit alleging violation of Ky. Rev. Stat. 71.040. The court’s December 17, 2020, opinion was …
Article • November 6, 2019 • from PLN November, 2019
Filed under: Sovereign Immunity
West Virginia Regional Jails Entitled to Sovereign Immunity by David M. Reutter by David M. Reutter In May 2019, a circuit court held the West Virginia Regional Jail and Correctional Facility Authority was entitled to sovereign immunity in a lawsuit seeking payment for prisoner medical bills. The suit was brought …
Article • May 3, 2019 • from PLN May, 2019
Oklahoma: Sovereign Immunity Prohibits Lawsuits Over Prisoner Medical Care by Oklahoma’s Supreme Court held on December 4, 2018 that the state is entitled to sovereign immunity to all tort suits, including violations of constitutional rights, arising out of the “operation or maintenance of any prison, jail or correctional facility.” That …
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 …
Improper Analysis of Sovereign Immunity Defense Requires Remand in Georgia Negligence Claim by The Georgia Supreme Court vacated the rulings of two lower courts because they failed to apply the proper legal analysis in deciding the application of sovereign immunity. The matter before the court came on a petition for …
Article • September 9, 2016
Citizen's Wrongful Detention suit against ICE 'reinstated by Second Circuit by Derek Gilna Viterbo Liranzo was a U.S. citizen through section 321 of the Immigration and Naturalization Act (INA), which conferred derivative citizenship on children of U.S. citizens, even though neither parent nor the child requested it. Liranzo was unaware …
Dismissal of Prisoner’s Federal and State Claims Not Warranted; Prison Employees Not Automatically Immune from Liability by Dismissal of Prisoner’s Federal and State Claims Not Warranted; Prison Employees Not Automatically Immune from Liability The U.S. District Court for the Middle District of Pennsylvania has held that a state prisoner sufficiently …
Article • November 6, 2015
Virginia Police Officers Entitled to Sovereign Immunity in Wrongful Death Suit by Virginia Police Officers Entitled to Sovereign Immunity in Wrongful Death Suit The Virginia Supreme Court has held that two Virginia police officers accused in the wrongful death of a cyclist were not liable due to sovereign immunity. City …
Sixth Circuit Affirms Denial of Jail Nurse’s Qualified and Sovereign Immunity Defenses by Derek Gilna Sixth Circuit Affirms Denial of Jail Nurse’s Qualified and Sovereign Immunity Defenses by Derek Gilna The Sixth Circuit Court of Appeals has affirmed a decision by the United States District Court for the Northern District …
Brief • September 30, 2015
Ealy v. GEO Group, 11th Cir, Appellant Reply Brief, RA limitations sovereign immunity, 2015 No. 14-14199 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT EARVIN EALY, Plaintiff/Appellant, v. GEO GROUP, INC., et al. Defendant/Appellees. On Appeal from the United States District Court For the Middle District of …
Article • September 18, 2015
Alabama Supreme Court Dismisses Prisoner’s Money Order Processing Fee Suit by Alabama Supreme Court Dismisses Prisoner’s Money Order Processing Fee Suit The Supreme Court of Alabama restyled then dismissed the pro se appeal of the circuit court’s dismissal of prisoner Victor J. Russo’s action against the Alabama Department of Corrections …
Brief • August 17, 2015
Ealy v. GEO Group, 11th Cir, Appellant Brief, RA limitations sovereign immunity, 2015 No. 14-14199 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT EARVIN EALY, Plaintiff/Appellant, v. GEO GROUP, INC., et al. Defendant/Appellees. On Appeal from the United States District Court For the Middle District of Florida, …
Dismissal of State-Created Danger Claim Reversed by David Reutter Dismissal of State-Created Danger Claim Reversed by David M. Reutter The Third Circuit Court of Appeals reversed a district court’s order dismissing a civil rights action that alleged the disclosure of a confidential informant’s status established a state-created danger in violation …
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 …
Article • March 5, 2015 • from PLN March, 2015
Sovereign Immunity Doesn’t Bar Attorney Fee Award Against Georgia DOC by David Reutter Sovereign Immunity Doesn’t Bar Attorney Fee Award Against Georgia DOC by David Reutter The Georgia Supreme Court held on June 16, 2014 that sovereign immunity does not bar an award of attorney fees and litigation costs against …
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 …
Article • January 12, 2015
Dismissal of Arkansas Prisoner’s Suit over False Disciplinary Action Affirmed by Dismissal of Arkansas Prisoner’s Suit over False Disciplinary Action Affirmed On May 1, 2014, the Supreme Court of Arkansas affirmed a lower court's decision to dismiss a lawsuit filed by a state prisoner alleging that he was issued a …
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