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Ninth Circuit: Warden Who Failed to Protect Female Prisoners from Sexual Assault Not Immune from Suit by Christopher Zoukis by Christopher Zoukis The Ninth Circuit has ruled that the former warden at the California Institute for Women (CIW) is not immune from liability for failing to protect two female prisoners ...
Article • July 28, 2017 • from PLN August, 2017
Filed under: Food, Qualified Immunity
Eighth Circuit Rejects Qualified Immunity on Inadequate Nutrition Claim by On June 13, 2016, the Eighth Circuit affirmed a district court’s denial of qualified immunity to several defendants on a civilly-committed sex offender’s inadequate nutrition claim. Thomas Ingrassia was civilly committed to the Missouri Sexual Offender Rehabilitation and Treatment Services ...
National Police Accountability Project - CLE Seminar Brochure, DC, 2017 Name:_____________________________________ Firm: _____________________________________ Address:___________________________________ City:_______________ State:___ Zip:___________ Phone:_____________ E-mail_________________ Please bill my: [ ] Visa [ ] MC [ ] Discover Card #_____________________________________ Expiration Date: _____________________________ CVV Code: ______________________________ Signature: __________________________________ [ ] Check enclosed (Please make check payable to: ...
Article • June 14, 2017
Florida Supreme Court Reinstates $3.3 Million Verdict against Bank for Falsely Accusing Customer of Being Bank Robber by On June 2, 2016, the Florida Supreme Court reversed an appellate court's ruling which had vacated a $3.3 million verdict in favor of a man who was arrested and injured by a ...
Article • June 9, 2017 • from PLN June, 2017
Three-day Denial of Pain Medication Sufficient to Overcome Claim of Qualified Immunity, Eighth Circuit Rules by Lonnie Burton by Lonnie Burton On June 30, 2016, the Eighth Circuit affirmed a district court’s order granting qualified immunity to jail officials in a case where a prisoner was repeatedly denied pain medication ...
Brief • May 19, 2017
Stamps v. Town of Framingham, MA, Brief of Amici Curiae, Wrongful Death Police Shooting, 2015 Case: 15-1141 Document: 00116895544 Page: 1 Date Filed: 09/29/2015 Entry ID: 5941384 15-1141 UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT EURIE A. STAMPS, JR. and NORMA BUSHFAN, Co-Administrators of the Estate of Eurie ...
Herrera v. City of Brea, CA, Plff's Memo Opp Order SJ, Malicious Prosecution, 2015 Case 8:12-cv-01650-SS Document 109 Filed 02/17/15 Page 1 of 31 Page ID #:1996 1 John Burton, State Bar No. 86029 jb@johnburtonlaw.com 2 THE LAW OFFICES OF JOHN BURTON 4 East Holly Street, Suite 201 3 Pasadena, ...
Brief • May 17, 2017
Simpson v. Yellowstone County, MT, Opinion and Order, Wrongful Death Stolen Car, 2017 Case 1:15-cv-00099-SPW Document 69 Filed 01/24/17 Page 1 of 33 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION ESTATE OF LOREN SIMPSON et al, CV 15-99-BLG-SPW Plaintiffs, OPINION AND ORDER vs. YELLOWSTONE ...
Article • April 3, 2017 • from PLN April, 2017
Ninth Circuit: “Debatable” Constitutionality Requires Qualified Immunity by The Ninth Circuit Court of Appeals held that prison officials were entitled to qualified immunity for refusing to surgically repair a prisoner’s umbilical hernia because it was “debatable” whether they had complied with the Eighth Amendment. Washington state prisoner Fleet Hamby suffered ...
Article • March 14, 2017
Eighth Circuit Affirms Denial of Immunity to Prison Guard Sued for Calling Prisoner a "Snitch" by On December 16, 2014, the Eighth Circuit U.S. Court of Appeals ruled that a federal district court judge in Alabama correctly denied a motion for summary judgment to a state prison lieutenant who was ...
Tenth Circuit Reverses Qualified Immunity for Prisoner’s Rape, Affirms for One Jailer by The U.S. Court of Appeals for the Tenth Circuit dismissed the interlocutory appeal of a sheriff and jailer who were denied qualified immunity for the rape of a mentally ill female prisoner. It also reversed the denial ...
Third Circuit Holds Prisons Not Required to Treat Impotence or Infertility by The Third Circuit Court of Appeals has held that prison officials do not have to treat medical conditions that could result in a prisoner’s impotence or infertility. When Shemtov Michtavi was incarcerated at the Federal Correctional Institution in ...
Another Appeal in New York Post-Release Supervision Case by Matthew Clarke On October 14, 2015, U.S. District Court Judge Shira Scheindlin held she would retain jurisdiction over a class-action civil rights lawsuit in order to determine the damages to be awarded former prisoners for the imposition or continuation of post-release ...
Article • December 7, 2016 • from PLN December, 2016
Fifth Circuit Holds Louisiana Prisoner May Sue Over Failure to Credit Good Time by Matthew Clarke On January 1, 2016, the Fifth Circuit Court of Appeals held that a Louisiana prisoner may sue prison officials for failing to credit him with good conduct time which would have shortened his sentence. ...
Article • November 8, 2016 • from PLN November, 2016
Eleventh Circuit Reverses Finding that Seizure of Prisoner’s Legal Mail Stated Claim by A Georgia federal district court, in denying a motion to dismiss, found an attorney has a Fourth Amendment right to “privacy and possessory interest in letters mailed to him, and that the government may not take and ...
Article • November 7, 2016 • from PLN November, 2016
Allocation of Fault Required in Verdict Regarding Alaska Detainee’s Suicide; Case Settles for $900,000 by In September 2015, the Alaska Supreme Court vacated a $1,078,233 judgment in a lawsuit alleging the City of Hooper Bay was liable in the suicide of a 21-year-old detainee in a police holding cell. The ...
MN: Jail Strip Search of Drug Suspect Held Constitutional by Lonnie Burton Jonathan Jacobson was arrested in 2009 for driving while under the influence of alcohol. He admitted to the Stewartsville, Minnesota police officer that he recently "smoked a bowl" of marijuana. Jacobson was booked in to the county jail ...
Article • October 3, 2016 • from PLN October, 2016
Sixth Circuit Vacates Denial of Qualified Immunity; Each Defendant’s Conduct Must be Individually Evaluated by Mark Wilson The Sixth Circuit Court of Appeals has vacated a district court’s denial of qualified immunity because an individualized inquiry into the defendants’ role during an illegal body cavity search was not conducted. Felix ...
Private Medical Contractors in Kentucky Not Entitled to Qualified Immunity by The Kentucky Court of Appeals held that a trial court improperly granted summary judgment to the defendants in a civil action alleging a prisoner received negligent medical care at the Hardin County Detention Center (HCDC). HCDC contracts with Southern ...
Publication • September 1, 2016
Civil Rights Plaintiffs Can Defeat Qualified Immunity Defenses and Get Frivolous Appeal Sanctions, Rosen, 1999.pdf CIVIL RIGHTS PLAINTIFFS CAN DEFEAT QUALIFIED IMMUNITY DEFENSES AND GET FRIVOLOUS APPEAL SANCTIONS: THEY SHOULD TRY MORE OFTEN!  Sanford Jay Rosen April 1999 INTRODUCTION This article is about recent United States Supreme Court and ...
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