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Sixth Circuit Vacates Denial of Qualified Immunity; Each Defendant’s Conduct Must be Individually Evaluated
Loaded on Oct. 3, 2016
by Mark Wilson
published in Prison Legal News
October, 2016, page 58
Filed under:
Strip Searches,
Arrestee Searches,
Body Cavity Searches,
Qualified Immunity.
Locations:
Alabama,
Tennessee,
United States of America.
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 Charles Booker was a passenger in a vehicle pulled over by Oak Ridge, Tennessee police officer Daniel ...
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More from this issue:
- Apples-to-Fish: Public and Private Prison Cost Comparisons, by Alex Friedmann
- U.S. Department of Justice Finds Fault with Privatized Federal Prisons, by Christopher Zoukis
- Alabama Public Service Commission Enacts Prison, Jail Phone Reforms, by David Reutter
- Supreme Court: Sixth Amendment Prevents Pretrial Seizure of Untainted Assets, by Derek Gilna
- New York Prisoner Exonerated after Serving 25 Years
- Oregon Federal Court Denies Motion to Dismiss Release Debit Card Suit, by Derek Gilna
- DOJ Gives $179.7 Million to State Law Enforcement in FY 2016 Grant Funding, by Derek Gilna
- Studies Suggest Parental Incarceration is More Damaging to Children than Death of a Parent, by Christopher Zoukis
- Book Review: The Habeas Citebook: Ineffective Assistance of Counsel (2nd Edition), by Christopher Zoukis
- CCA Prison Not Reporting Valley Fever Cases among Hawaii Prisoners
- Merger of Prisoner Transport Companies Delayed after Objections Filed, by Derek Gilna
- Oregon Post-conviction Judgment Violates State Law, by Mark Wilson
- Sixth Circuit Vacates Denial of Qualified Immunity; Each Defendant’s Conduct Must be Individually Evaluated, by Mark Wilson
- U.S. Office of Special Counsel Assists BOP Whistleblowers, by Derek Gilna
- Chicago Police Detective Accused of Brutality Used Similar Techniques at Guantanamo, by Derek Gilna
- Conservatives Try to Co-opt Criminal Justice Reform, by Matthew Clarke
- There is Talk of Prison Reform, but for the 150,000 People in Prison for Life, There is No Reform on the Horizon
- Presidential Candidates’ Current and Past Positions on Criminal Justice Issues, by Joe Watson
- First Unconditional Release from Minnesota’s Sex Offender Program
- Federal Court Finally Ends Oversight at Fulton County Jail, by David Reutter
- Corporations, Colleges and Cities Dump Private Prison Stock, by Joe Watson
- Eleventh Circuit Upholds Alabama DOC Short Hair Policy Following Remand from Supreme Court
- Federal Judge Clears Way for Civil Rights Suit in Oklahoma Jail Death
- Seventh Circuit: Jailhouse Lawyer’s Help No Reason to Deny Appointment of Counsel, by Gary Hunter
- Second Chance Pell Pilot Program Will Bring College to 12,000 Prisoners
- Class-action Suit Filed Against GEO Group for Violation of Job Applicants’ Rights
- Judge Orders End to Recording of Attorney-Client Meetings at CCA’s Leavenworth Detention Center, by Derek Gilna
- South Carolina Sheriff Fires Whistleblower Instead of Jailer Who Assaulted Prisoner, by Matthew Clarke
- Third Circuit Reverses Summary Judgment in Restraint Chair Case, by Mark Wilson
- Exonerated Prisoner Appointed to Connecticut’s Parole Board, by Christopher Zoukis
- Los Angeles County Settles Jail Suicide Suit for $1.6 Million
- Federal Civil Procedure Rule 15 is Substantive, Not Chronological in Application
- Drastic Sentence Reduction for Mentally Ill Former Tamms Prisoner, by Matthew Clarke
- Private Medical Contractors in Kentucky Not Entitled to Qualified Immunity
- Wisconsin: Wrongfully Convicted Former Prisoner Receives $6.5 Million
- Ninth Circuit: Congress Can Criminalize Federal Sex Crimes Committed in State Facilities, by Mark Wilson
- Illinois: Exonerated Prisoner Calls $80,000 Award a Travesty, Retrial Ordered, by Gary Hunter
- New Orleans Sheriff Ends Oversight of Electronic Monitoring Program, by David Reutter
- Wisconsin Prison Enters into Consent Decree to Correct Tainted Water, by Derek Gilna
- Oregon Habeas Cognizable to Challenge Confinement in Florida and Colorado under Interstate Compact
- Massachusetts’ Anti-shackling Law Limits Restraints on Pregnant Prisoners but Problems Persist, by Joe Watson
- GEO Group Still Invests in Florida Politics
- From the Editor, by Paul Wright
- News in Brief
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Third Circuit Denies Qualified Immunity to Pennsylvania Jail Guards and PrimeCare in Detainee’s Overdose Death, July 1, 2024. Primecare Medical, Drug Overdose, Qualified Immunity, Medical Neglect/Malpractice.
- Seventh Circuit Finds No Problem With Surveillance of Chicago Detainees on Toilets, July 1, 2024. Jail Misconduct, Strip Searches, Electronic Surveillance.
- Eighth Circuit Largely Restores Qualified Immunity to Minnesota Jail Guards in Use of Force on Bipolar Prisoner, July 1, 2024. Guard Brutality/Beatings, Qualified Immunity, Immunity - Absolute and Qualified.
- Eighth Circuit Says Lower Court “Tilted the Scales Too Far” for Jailers in Missouri Detainee’s Fatal Overdose, May 1, 2024. Drug Overdose, Qualified Immunity.
- Qualified Immunity Denied to Former New Mexico Warden in Prisoner’s Sexual Abuse Claim, May 1, 2024. Staff-Prisoner Assault, Discovery, Qualified Immunity, Supervisory Liability, Immunity - Absolute and Qualified.
- Second Circuit Grants New York Officials Qualified Immunity for Prisoner’s Stolen Sentence Credits, May 1, 2024. Education, Good Time, Overdetention, Qualified Immunity.
- Suit Proceeds Against CoreCivic by Guard Strip-Searched at Georgia Prison, April 26, 2024. Corrections Corporation of America/CoreCivic, Strip Searches, Employee Litigation.
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024. Guard Misconduct, Failure to Treat, Jail Specific, Qualified Immunity, Medical Neglect/Malpractice, Immunity - Absolute and Qualified, Deliberate Indifference.
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024. Guard Misconduct, Seizures, Failure to Treat, Drug Overdose, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference.
- Eighth Circuit Affirms Qualified Immunity for Missouri Prison Chief in Sexual Abuse Claims Against Former Guard, April 1, 2024. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Immunity - Absolute and Qualified.