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Georgia Prisoner’s Challenge to “Deplorable” Conditions Survives Motion to Dismiss by On October 3, 2023, the federal court for the Middle District of Georgia denied a motion to dismiss filed by defendant state prison officials in a prisoner’s challenge to isolation in conditions he called “deplorable.” While incarcerated at Georgia …
Qualified Immunity Denied to Former New Mexico Warden in Prisoner’s Sexual Abuse Claim by On October 6, 2023, the federal court for the District of New Mexico stood fast in its refusal to grant qualified immunity (QI) to a defendant warden with the state Corrections Department (NMCD) in a prisoner’s …
Eleventh Circuit Revives Claim Against Florida Jail That Forced Detainee to Scan Legal Mail Into Computer with Memory Chip by David Reutter by David M. Reutter On August 8, 2023, the U.S. Court of Appeals for the Eleventh Circuit reversed dismissal of a claim alleging two guards at Florida’s Polk …
Texas Fights Fetal Rights After Forcing Prison Guard to Stay At Work Until She Delivered Stillborn Baby by by Matt Clarke On August 18, 2023, the federal court for the Western District of Texas granted defendant officials with the state Department of Criminal Justice (TDCJ) only partial dismissal of a …
Article • March 1, 2024 • from PLN March, 2024
Colorado Sheriff Resigns After Deputies Fatally Shoot Motorist by On August 3, 2023, Rick Albers resigned as Sheriff of Colorado’s Clear Creek County, caving to pressure from county commissioners who accused him of failing to accept responsibility after his deputies fatally shot mentally ill motorist Christian Glass, 22, in June …
Article • February 1, 2024 • from PLN February, 2024
Fifth Circuit: Texas Jail Guard’s Use of Taser on Compliant Detainee Unconstitutional by David Reutter by David M. Reutter On July 24, 2023, the U.S. Court of Appeals for the Fifth Circuit concluded that “precedents conclusively establish that the use of a taser on a non-threatening and cooperative subject is …
Fifth Circuit Denies Qualified Immunity to Louisiana Prison Chief for Prolonging Prisoner’s Detention with Sex Offender Misclassification by David Reutter by David M. Reutter On July 17, 2023, the U.S. Court of Appeals for the Fifth Circuit affirmed denial of qualified immunity (QI) to Louisiana Department of Public Safety and …
Article • January 1, 2022 • from PLN January, 2022
Filed under: Supervisory Liability
Second Circuit: Supervisor Must Have Subjective Knowledge of Sexual Abuse by Guards to Be Liable by On December 28, 2020, the United States Court of Appeals for the Second Circuit held that a prisoner who was sexually abused by three guards must prove their supervisor had subjective knowledge of the …
Love v. Franklin County, KY, Opinion and Order, Deliberate Indifference, 2019 Case: 3:18-cv-00023-GFVT Doc #: 16 Filed: 03/27/19 Page: 1 of 16 - Page ID#: 172 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION FRANKFORT KELSEY LOVE, Plaintiff, V. FRANKLIN COUNTY, KENTUCKY, et al., Defendants. ) ) ) …
Moreira v. City of New York, NY, Interrogatories, 2016
Peatross v. City of Memphis, TN, Motion to Compel Discovery, Improper Use of Deadly Force, 2016 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRCIT OF TENNESSEE WESTERND DIVISION ______________________________________________________________________________ SCOTT B. PEATROSS as Administrator ad Litem for the Estate of ANJUSTINE A. HUNTER VANTERPOOL, Deceased, Plaintiff, vs. Docket …
Peatross v. City of Memphis, TN, Memo in Support of Motion to Compel Discovery, Improper Use of Deadly Force, 2016 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRCIT OF TENNESSEE WESTERN DIVISION SCOTT B. PEATROSS as Administrator ad Litem for the Estate of ANJUSTINE A. HUNTER VANTERPOOL, Deceased, …
Brief • March 31, 2016
Nealman v. Laughlin, PA, Memorandum on Motions, Medical Negligence and Wrongful Death from Suicide, 2016 Case 1:15-cv-01579-CCC Document 47 Filed 08/31/16 Page 1 of 34 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA TAWNA Z. NEALMAN, as the Personal Representative of the Estate of Benjamin Shelley …
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 …
Federal Court Abused Discretion in Denying Wrongful Death Claim with Prejudice by Federal Court Abused Discretion in Denying Wrongful Death Claim with Prejudice The Court of Appeals for the Seventh Circuit has affirmed a lower court’s dismissal of deliberate indifference claims against a sheriff and health care provider for a …
Fifteen Minute Cell Checks Insufficient to Shield Texas Jail from Liability for Inmate Suicide by Fifteen Minute Cell Checks Insufficient to Shield Texas Jail from Liability for Inmate Suicide A Texas federal court refused to grant summary judgment to a sheriff who claimed that his policy of having jailers check …
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 …
Third Circuit: Lack of Training for Jail Guards Bars Summary Judgment; $150,000 Settlement by Mark Wilson Third Circuit: Lack of Training for Jail Guards Bars Summary Judgment; $150,000 Settlement by Mark Wilson On April 11, 2014, the Third Circuit Court of Appeals held that a jail’s failure to train guards …
Article • February 24, 2015
1st Circuit Court Affirms Police Officer’s Convictions in Prisoner’s Beating Death by 1st Circuit Court Affirms Police Officer’s Convictions in Prisoner’s Beating Death The United States Court of Appeals for the First Circuit affirmed on November 22, 2013, the District Court convictions of four former San Juan Municipal Police Officers …
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