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Alabama: State Agencies Have Absolute Immunity in a Court of Law or Equity
Loaded on May 8, 2018
published in Prison Legal News
May, 2018, page 51
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 writ of mandamus against the Montgomery Circuit Court for a dismissal of claims filed ...
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More from this issue:
- In the Eye of the Storm: When Hurricanes Impact Prisons and Jails, by Matthew Clarke
- North Carolina Woman Attempts Bail Bond Scheme from Inside Jail, by Monte McCoin
- Porn Reading Rooms in Iowa Prisons Placed on Legislative Hit List
- U.S. Coast Guard Operating Inhumane Floating Prisons, by Christopher Zoukis
- Wrongful Death Case Against New York Jail Settles for $101,500, by Derek Gilna
- Nebraska Sheriffs Profiting from Jail Phone Contracts, by Christopher Zoukis
- Phony New York Lawyer Defrauds Prisoners, Sent to Prison, by Edward Lyon
- North Dakota: Altered Pencil in Prison Results in Weapon Possession Conviction
- Pro Se Rhode Island Prisoner Wins First Amendment Settlement, by Derek Gilna
- Oklahoma Lawmaker Introduces Bill to Lift Prison Smoking Ban, by Monte McCoin
- Major Wage Ratio Gap Between Executives, Employees at Private Prisons, by Steve Horn
- Former Michigan Prisoner Receives Over $817,000 for Wrongful Conviction
- Virginia Federal Court Holds Nation of Gods and Earth is a Religion
- Dying Prisoner’s Complaint Alleged Claim for Failure to Treat Hepatitis C
- Federal Lawsuit Filed Against Oklahoma Sheriffs – All of Them, by Derek Gilna
- Ohio: $75,000 Settlement Reached after 60-Year-Old Woman Body Slammed by Jail Guard, by Christopher Zoukis
- Newspaper Investigation Reveals Significant Problem with Life Sentences in Arizona, by Christopher Zoukis
- California: Governor Signs Bill to Block Expansion of For-profit Detention Centers, by Dale Chappell
- Washington Prisoner’s Negligence Suit Settles for $75,000
- Justice Department Failing to Assess Prison Population Reduction, Clemency and Reentry Programs, by Christopher Zoukis
- Alabama: State Agencies Have Absolute Immunity in a Court of Law or Equity
- Confusion Over Insanity Defense Leads One Jury to Issue Two Verdicts in Triple Murder, by Christopher Zoukis
- $437,500 Settlement for Brutal Beating at Missouri Jail
- The “Qualified Immunity” Doctrine Needs to be Reexamined, by Derek Gilna
- FTCA Claims Survive; PREA Policy Defeats Discretionary Function Exception, by Jeremy Pinson
- $15,000 Award for New York Prisoner in Medical Negligence Case
- Due Process Mandatory Before Texas Requires Sex Offender Registration for Crimes not Covered by Statute, by Matthew Clarke
- Indiana County Settles Jail Guard’s ADA/Discrimination Suit for $150,000, by Matthew Clarke
- Whistleblowing Angola Prisoner Who Faced Retaliation Wins Relief, Redemption
- $14.3 Million Settlement for Probationers Subject to Extortion by Private Company
- Female Prisoners More Likely to be HIV Positive than Non-prisoners, by Edward Lyon
- Former Pennsylvania Guards Settle FMLA Lawsuits for $110,000, by Derek Gilna
- $330,000 for Florida Prison Guards Abused at Training Academy
- Oregon Sex Offenders Get LWOP, Not Treatment
- Court Certifies Class of Missouri Prisoners Denied Hepatitis C Treatment, by Matthew Clarke
- New York Issues New Solitary Confinement Rules for Local Jails Amid Lawsuits, $5 Million Settlement, by Christopher Zoukis
- Seventh Circuit Affirms Denial of Qualified Immunity in Jail Suicide Suit, by Matthew Clarke
- Iowa Prison Officials Drop Disciplinary Sanctions in Controversial Case, by Matthew Clarke
- Federal Prisoner Shot in the Eye Awarded $80,000, by Jeremy Pinson
- Fifth Circuit Reinstates Denial of Medical Care Suit Against Texas County Jail, by Matthew Clarke
- Massachusetts: State Court Officers May Not Enforce Immigration Detainers, by Matthew Clarke
- Tennessee: New Trial Ordered in Prisoner’s Wrongful Death Case, by Steve Horn
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- California: Defendants’ Repeated Discovery Obstruction Sanctioned in Guard Sex Abuse Case
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- “Survivors Guide to Prison,” by Matthew Cooke, director (Gravitas Ventures, February 2018); 102 minutes, by Steve Horn
- “Witness to Human Torture”: On Both Sides of the Prison Walls, Social Workers Confront Solitary Confinement, by Valerie Kiebala
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- PLN Censorship Suit Against Virginia Jail Headed to Trial
- New Mexico Jail Sued by HRDC for Censoring Book Orders, by Derek Gilna
- Governor Vetoes Nevada’s Anti-Private Prison Bill, by Monte McCoin
- Rash of Security Breaches Plagues Nation’s Prisons and Jails, by Christopher Zoukis
- Photos Show Aftermath of Lethal South Carolina Prison Brawl that Left Seven Dead, by Steve Horn
- From the Editor, by Paul Wright
- Mass Incarceration is a Women’s Issue, Too, by Jessicah Pierre
- News in Brief
More from these topics:
- Eleventh Circuit Tells BOP Prisoner in Georgia: Bivens Is On “Endangered Species List”, Feb. 15, 2025. Staffing, Immunity/Liability, Staff Training, Bureau of Prisons (BOP), Civil Rights Actions or Offenses/Bivens Actions.
- ICE’s Deadly Force Problem: A Culture of Impunity, Nov. 1, 2024. Immunity/Liability, Excessive Force (Police), Immigration Law/Offenses.
- Eighth Circuit Holds Right to Self-Representation Is Not Forfeited Based Solely on Defendant’s Repeated Assertion of Frivolous ‘Sovereign Citizen’ Arguments, Sept. 1, 2024. Sovereign Immunity, Judicial or Administrative Orders, Self-representation.
- Wyoming Supreme Court Grants Immunity to DOC in Prison COVID-19 Vaccine Mix-Up, May 1, 2024. Medication, COVID-19, Immunity/Liability.
- Kansas Supreme Court Announces State Must Prove Defendant Specifically Intended to Enter Dwelling in Which There Was a Person to Sustain Conviction for Attempted Aggravated Burglary, Overruling State v. Watson, Jan. 15, 2024. State Statutes, Sufficiency of Evidence, Specific Offenses.
- Oregon Supreme Court Announces Overruling of Precedent on ‘Attempted Transfer’ of Drugs, Jan. 15, 2024. State Statutes, Possession in Furtherance of Drug Offense, Conspiracies, Attempts, Solicitations, Attempts/Incomplete Acts, Substantial Step Towards Completion, Completion of All Acts.
- California Court of Appeal: Defendants Who Plead Guilty to Stipulated Sentence Eligible for Resentencing Under Amended § 1170.91, Jan. 15, 2024. State Statutes, Guilty Plea, Resentencing, De Novo Resentencing, Plea Agreements/Guilty Pleas.
- California Bans Bogus ‘Excited Delirium’ Diagnosis as Cause of Death, Jan. 15, 2024. Medical Misconduct, junk science, Medical Neglect/Malpractice, Police--Excessive Force, Excessive Force (Wrongful Death), State Statutes.
- West Virginia High Court Decides Medical Practice Liability Act Not Applicable to Prison System, Jan. 1, 2024. Primecare Medical, State Law Claims, Medical Neglect/Malpractice, Drug Treatment/Rehab, Failure to Treat (Mental Illness), State Statutes.
- New York Prison System Found Liable for Failure to Protect Prisoner from Assault, Sept. 15, 2023. Failure to Protect (General), Immunity/Liability, Prison Brutality.