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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 ...
Article • August 24, 2016
Appeal for Summary Judgment Upheld for Qualified Immunity by The Eleventh Circuit Court of Appeals upheld a Georgia Federal District Court’s order granting dismissal of a lawsuit alleging use of excessive force on a prisoner. On January 28, 2007, Reginald Fennell was arrested for several misdemeanor charges. As he was ...
Article • August 24, 2016
Sixth Circuit Affirms Denial of Qualified Immunity for Michigan DOC Officials by On February 6, 2008, the U.S. Court of Appeals for the Sixth Circuit affirmed a denial of qualified immunity for three Michigan prison officials accused of violating the First Amendment and the Religious Land Use and Institutionalize Persons ...
Eighth Circuit Affirms Denial of Qualified Immunity by The Eighth Circuit Court of Appeals upheld the denial of qualified immunity to two guards on failure-to-protect claims. Minnesota prisoner Kenneth Young was assigned to Edward Whitefeather’s cell. Almost immediately, Whitefeather threatened Young, telling him that “he would do whatever he wanted ...
Article • August 11, 2016
Fourth Circuit: No Qualified Immunity for Police Shooting Homeowner without Warning by The Fourth Circuit Court of Appeals affirmed the denial of qualified immunity to police who repeatedly shot a homeowner without warning. Just after 11 p.m., on May 2, 2007, a 911 call reported "that an altercation was occurring ...
Article • August 4, 2016
Filed under: Qualified Immunity
Police Indemnification Assumptions Challenged in New Study by Derek Gilna When a citizen's civil rights are violated by the police, one of the most-widely legal remedies is a federal Civil Rights suit, also known as 1983 actions, but a recent study by Joanna C. Schwartz, Assistant Professor of Law at ...
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