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Sixth Circuit Rejects Qualified Immunity for Jail Guard Accused of Sexual Abuse
Loaded on May 3, 2019
by Matthew Clarke
published in Prison Legal News
May, 2019, page 56
Filed under:
Sexual Assault,
Staff-Prisoner Assault,
Sexual Harassment,
Qualified Immunity.
Location:
United States of America.
by Matt Clarke
On February 15, 2019, the Sixth Circuit Court of Appeals upheld a district court’s denial of qualified immunity to an Ohio jail guard who allegedly ordered a prisoner to expose herself and masturbate for him.
Michele L. Rafferty and Katie L. Sherman were in the same housing ...
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More from this issue:
- News in Brief
- Former Angola Major Found Guilty – Twice – in Excessive Force Case, by Scott Grammer
- Report and Video of Arizona Prison Riot Released, by Matthew Clarke
- New York Prisoner Harassed and Assaulted by Guard Loses in Court of Claims
- Long-Term Recidivism Studies Show High Arrest Rates, by Matthew Clarke
- Eighth Circuit Affirms Denial of Summary Judgment in Failure to Protect Case
- Two-Year Investigation, Litigation and Settlement Ends Segregation, Mistreatment of LGBTQ Prisoners at California Jail, by Derek Gilna
- Major Prison Telecom Merger Canceled; Victory for Campaign for Prison Phone Justice!
- Kansas Federal Court Awards Prisoner $250,000 for Guard’s Excessive Force, by Matthew Clarke
- BOP Official Who Ordered More Prisoners Sent to Private Prisons Hired by GEO Group, by Scott Grammer
- Meek Mill and Michael Rubin Start Criminal Justice Reform Organization, by Kevin W. Bliss
- Sixth Circuit Rejects Qualified Immunity for Jail Guard Accused of Sexual Abuse, by Matthew Clarke
- Federal Court Awards $3,750,000 in Damages for Sexual Assault by Prison Guards, by Chad Marks
- Prison Policy Initiative Issues Report on State of Prison Phone Justice, by Matthew Clarke
- Settlement Provides for Improved Competency Procedures for Jailed Mentally Ill in Washington State
- Delaware: No Convictions in Second Vaughn Riot Trial, by Kevin Bliss
- Landlords Challenge Ordinance that Protects Former Prisoners’ Rental Rights, by Douglas Ankney
- Federal Prison Employee Sentenced for Defrauding Prisoners’ Families, by Scott Grammer
- Continued Problems with Mental Health Care, Suicides in Alabama DOC, by Kevin W. Bliss
- New Mexico Court Denies Motion to Dismiss Lawsuit Over Policy of Denying Transport to Medical Appointments During Lockdowns, by Matthew Clarke
- Judge Initially Plays Pass-the-Buck with Proposal to Hire Suicide Prevention Expert
- Kansas Slaps Corizon Health with Millions in Fines for Contract Violations, by Chad Marks
- Florida Fleeces Prisoners with High Canteen Prices, by Kevin W. Bliss
- Eleventh Circuit Agrees Prosecutor is Entitled to Qualified Immunity in Retaliation Case, by Chad Marks
- “Free” Prisoner-Made Furniture Gets Ohio Prison Industry Officials in Hot Water, by Chad Marks
- New York: 58-Month Prison Sentence for Former Jail Union Boss Who Took Bribes, by Chad Marks
- Lack of Outdoor Recreation for D.C. Jail Prisoners “Dehumanizing”, by Kevin W. Bliss
- Private Halfway Houses Plagued with Escapes, Drugs, Sex and Violence, by Chad Marks
- $625,000 Settlement for Virginia Jail Prisoner’s Death from Untreated Ulcer
- Oklahoma: Sovereign Immunity Prohibits Lawsuits Over Prisoner Medical Care
- New York: Liability Established in Claim Over Assault by Prison Guard, by Matthew Clarke
- $301,000 Awarded in Lawsuit Over Suicide at Illinois Jail, by Kevin W. Bliss
- Cell Phones Sold in Commissary at South Carolina Jail, by Scott Grammer
- Oregon: Knowledge of Injury and Defendants’ Causal Role Required for Accrual of § 1983 Claims, by Mark Wilson
- Search for Mental Health Care Ends Tragically at Florida Jail, by David M. Reutter
- New Jersey Prisoner Who Suggested Date to Nurse Has Disciplinary Action Reversed
- Illinois Agrees to Sweeping Prison Health Care Reforms, by Matthew Clarke
- HRDC Files Censorship Suit Against Tennessee County Jail
- Prisoner’s Death from Methadone Over-Prescription Results in Summary Judgment, Settlement, by David Reutter
- $525,000 Settlement for Loss of Federal Prisoner’s Eye
- $10 Million Awarded Against Corizon and Oregon County for Jail Detox Death, by Matthew Clarke
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- Cancellation of Illinois Prison Debate Class Debated in Court, by Kevin W. Bliss
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- Beating of Michigan Jail Prisoner Results in $36.6 Million Verdict,$12.9 Million Settlement, by Chad Marks
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- CoreCivic Creates Nonprofit Foundation, Ostensibly to Reduce Recidivism, by Matthew Clarke
- Fifth Circuit Vacates Dismissal of Suit by Civilly Committed Sex Offender, by Matthew Clarke
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- Staffing Shortage at Ohio Legislative Oversight Committee has Interns Inspecting Prisons, by Matthew Clarke
- Humane Treatment for Terminally Ill Prisoners, by Kevin W. Bliss
- The Uphill Road to Prisoners’ Rights, by F.T. Green
- Virginia Court Improperly Denied Transgender Prisoner’s Name Change, by Matthew Clarke
- Attorney-Client Privilege Under Attack in Jails Across the Nation, by Douglas Ankney
- Incarceration Decrease? Drop in Prison Numbers Called “Anemic”, by Ted Gest
- From the Editor, by Paul Wright
- Vermont Prisoner Sexually Abused at Private Prison in Michigan Receives $750, by Steve Horn
- Horrific Deaths, Brutal Treatment: Mental Illness in America’s Jails, by Gary A. Harki
More from Matthew Clarke:
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025
- Sixth Circuit Upholds $6.4 Million Jury Award Against Corizon Nurses For Michigan Jail Prisoner’s Fatal Alcohol Withdrawal, March 1, 2025
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025
- Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges, Feb. 15, 2025
- Among World Nations, Individual U.S. States Near Top of List for Per Capita Incarceration, Feb. 15, 2025
- DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees, Feb. 15, 2025
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025
- Historic $7 Million Settlement in Lawsuit Over Michigan Jail Prisoner’s Fatal Beating, Feb. 15, 2025
- Suits Filed Over Dehydration Deaths at Two Texas Jails, Jan. 15, 2025
More from these topics:
- Former California Guard Convicted On 64 Counts of Sexually Abusing Prisoners, March 1, 2025. Staff-Prisoner Assault, Guard Misconduct.
- Minnesota Supreme Court Says Randy Guard Must Face Prisoner’s Sexual Harassment and Assault Claims, Feb. 15, 2025. Staff-Prisoner Assault, Staff-Prisoner Harassment, Guard Misconduct, Federal Tort Claims Act, Federal Tort Claims Act (FTCA).
- BOP Shutters “Rape Club” in California, Director Peters Quits, Feb. 15, 2025. Staff-Prisoner Assault, Guard Misconduct, DOC/BOP misconduct, Bureau of Prisons (BOP).
- Eighth Circuit Affirms Denial of Qualified Immunity to Missouri Guards in Transgender Prisoner’s Suit Alleging Retaliation and Unreasonable Search, Jan. 15, 2025. Guard Misconduct, Retaliatory Searches, Qualified Immunity, Discrimination (Transgender), Immunity - Absolute and Qualified.
- 150 People Sue Over Past Abuse at New York City Juvenile Facilities, Jan. 15, 2025. Staff-Prisoner Assault, Juvenile Offenses/Offenders, Statutes of Limitation and Laches.
- Georgia Deputy Warden and Guard Fired for Prisoner Sex Assaults, Second Guard Sentenced to 25 Years, Dec. 15, 2024. Staff-Prisoner Assault, Guard Misconduct.
- $38 Million Jury Award for Physical, Sexual Abuse at New Hampshire Juvenile Lockup, Dec. 15, 2024. Staff-Prisoner Assault, Guard Brutality/Beatings, Settlements, Juvenile Offenses/Offenders.
- Third Circuit Affirms Qualified Immunity for Pennsylvania Guards Who Pepper-Sprayed Asthmatic Prisoner, Nov. 15, 2024. Guard Misconduct, Medical Experiments/Exploitation, Pepper Spray/Tear Gas, Qualified Immunity, Guards/Staff, Immunity - Absolute and Qualified.
- California Pays $4.45 Million to Prisoners Allegedly Raped by Guards, Nov. 15, 2024. Staff-Prisoner Assault, Guard Misconduct, Settlements.
- Eighth Circuit Upholds Denial of Qualified Immunity to Minnesota Guard Accused of Assaulting Restrained and Compliant Prisoner, Nov. 15, 2024. Guard Brutality/Beatings, Restraints, Qualified Immunity, Immunity - Absolute and Qualified.