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Ninth Circuit Holds California Prison Officials Entitled to Legislative Immunity When Promulgating Rules
by David M. Reutter
On August 20, 2021, the U.S. Court of Appeals for the Ninth Circuit affirmed an order finding officials with the California Department of Corrections and Rehabilitation (CDCR) are immune to civil rights claims for damages resulting from regulations they adopted while exercising authority delegated …
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More from this issue:
- Locked Up and Left to Die, by Michael Barajas, Sophie Novack,
- After 49 Years in Prison for a Murder in Which He Didn’t Pull the Trigger, Former Black Liberation Army Member Sundiata Acoli Wins Parole, by Chuck Sharman
- From the Editor, by Paul Wright
- Fifth Circuit Reinstates Louisiana Prisoner’s Excessive-Force Claim Despite Prison Disciplinary Conviction Issued for the Same Incident, by Matthew Clarke
- Fifth Circuit Reinstates Louisiana Prisoner’s Suit Dismissed on Heck Grounds, Holds Related Disciplinary Convictions Don’t Absolutely Bar Excessive Force Claims, by Matthew Clarke
- Securus Rolls Out “Free” E-tablets to Texas Prisoners, by Edward Lyon
- Oregon Federal Court Issues Groundbreaking, Model COVID-19 Damage Class & Wrongful Death Class Certification, by Mark Wilson
- Eleventh Circuit Says Florida Prisoner Alleging Sexual Assault by Guard Need Not Also Prove Excessive Force and Malicious Intent, by David Reutter
- Washington Pays $3.25 Million for Negligent Medical Care Causing Preventable Prisoner Death, by Mark Wilson
- DOJ Secures Settlement With South Carolina Department of Juvenile Justice at Detention Center Where Staff Hogtied and Bit Kids, by Brooke Kaufman
- Healthcare Audit in Utah Prisons Reveals “Inadequate Service” and “Systemic Deficiencies” After 18 Prisoner Deaths During Pandemic, by Benjamin Tschirhart
- After Paying $500,000 to Consultant Outed for Corruption Ties, Iowa DOC Accused of Allowing “Corporate Dodge”, by Jacob Barrett
- Ninth Circuit Holds California Prison Officials Entitled to Legislative Immunity When Promulgating Rules, by David Reutter
- $12.5 Million Settlement Over Invasive Strip and Body Cavity Searches of NYC Jail Visitors, by Matthew Clarke
- Maine Center for Public Interest Reporting Uncovers Almost 1,000 Privileged Calls Recorded in Four County Jails, Sues York County for Denying Public Records Request, by Keith Sanders
- BOP Prisoners on Extended Home Confinement Not Headed Back to Prison When COVID-19 Emergency Ends, by Casey Bastian
- $500,001 Settlement Against Guard Who Groped Delaware Prisoner With Long History of Lost Cases, by Keith Sanders
- Kansas Appeals Court Vacates Prison Dentist’s Conviction for Sexually Abusing Prisoner, Says Touching Wasn’t “Lewd”, by Mark Wilson
- The Catalog of Carceral Surveillance: Mobile Correctional Facility Robots, by Cooper Quintin, Beryl Lipton
- $275,000 Settlement Reached After Detainee’s Attempted Suicide at Illinois Jail, by David Reutter
- Washington Pays $3 Million to Murdered Prisoner’s Family After Overriding Single-Cell Recommendation for Violent Cellmate, by Mark Wilson
- Settlement Finally Reached in Prisoners’ Hep-C Class-Action Against Connecticut DOC, by Edward Lyon
- Prison Phone Giant GTL Cuts Prices in Miami-Dade Jails, But Only After County Taps COVID-19 Relief Funds to Replace Forfeited Kickbacks, by Ashleigh Dye
- Kentucky Supreme Court Rules ‘Incarceration Fees’ May Not Be Collected After Charges Are Dismissed, by Casey Bastian
- $250,000 Paid to Woman Forced to Give Birth in California Jail Cell by Guards and CFMG Nurses, by Ashleigh Dye
- Seventh Circuit Reinstates Suit of Epileptic Illinois Prisoner Who Suffered Seizure and Fell From Top Bunk, by Edward Lyon
- Sacramento Shooting Stokes Debate Over CDCR Rule Changes on Good Conduct Credit, by Matthew Clarke
- U.S. Prison and Jail Populations Flat or Rising Again After 2020 Decline Spurred by Pandemic, by Matthew Clarke
- Third Circuit Joins Fifth, Tenth and D.C. Circuits in Holding Heck Favorable-Termination Dismissals Are PLRA Strikes, by Mark Wilson
- Illinois Department of Corrections Cancels Contract with Canteen Provider Keefe, by Kevin Bliss
- Sixth Circuit: Michigan DOC’s Years-Long Delay in Access to Religious Services and Items Constitutes Constructive Denial of Religious Exercise, by Jacob Barrett
- Georgia Sheriff Victor Hill Facing Criminal Trial for Using Restraint Chair to Punish Jail Detainees, by David Reutter
- $7,000 Default Judgment Awarded in Failure to Protect Suit Against Former Arkansas Jail Guard, by Harold Hempstead
- Ineffective Mississippi Prison Industries on the Chopping Block After Scathing Report, by Ashleigh Dye
- Eighth Circuit Holds Pornography Policy Unconstitutional as Applied to South Dakota Prisoner, but Denies Relief, by David Reutter
- Overdoses Skyrocket in Tennessee Prisons During Pandemic Despite Visitation Restrictions, by Edward Lyon
- Federal Suit Challenging Iowa DOC Ban on Nude Images Moves Forward, Defendants Denied Summary Judgement on Due Process Claim, by David Reutter
- Third Circuit Reinstates Suit Filed by Transgender Prisoner Assaulted at New Jersey Federal Prison, by Matthew Clarke
- $17.5 Million Paid to Ohio Prisoner Left Quadriplegic After Brutal Attack by Guards, by Harold Hempstead
- “On-Going Distress and Harm” Persist at FCI Sheridan Months After Court-Ordered Inspection, by Brooke Kaufman
- New Jersey Sex Offenders Excluded From Programming, Chances for Early Release, by Mario Palomo
- Sixth Circuit Revives Tennessee Detainee’s Suit, Holds Lower Court Not Required to Retain Jurisdiction of State Law Claims After Dismissing Federal Claims, by Matthew Clarke
- $45,000 Paid by Idaho Jail to Settle Censorship Suit Filed by HRDC, by Jacob Barrett
- Fifth Circuit Denies Qualified Immunity to Texas Sheriff Who Rehired Abusive Jailer Who in Turn Again Abused a Detainee, by Matthew Clarke
- Illinois Inspector General Finds Prisoner Labor Used to Benefit DOC Employees, by Casey Bastian
- $6,500 Settlement After Eleventh Circuit Affirms Denial of Qualified Immunity to Florida Jail Officials Who Repeatedly Opened Detainee’s Legal Mail, by David Reutter
- News in Brief
More from David Reutter:
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
- Fourth Circuit Revives Deliberate Indifference Claim for Baltimore Detainee Served Rotten Food, March 1, 2026
- Fourth Circuit Clarifies Revocation Appeal Provides “Procedurally Appropriate Mechanism” for Raising Rogers Challenge to Unannounced Supervised Release Conditions, Vacates Revocation Judgment Based on Null Standard Conditions, March 1, 2026
- Eleventh Circuit: District Court Erred in Dismissing BOP Prisoner’s Medical Claim, Finds Prison Officials Made Administrative Remedies Unavailable, March 1, 2026
- Tenth Circuit Affirmed Denial of Guards Qualified Immunity in Disabled Detainee’s Fourteenth Amendment Claim, March 1, 2026
- The Malleable Mind in the Courtroom: Why Confident Eyewitnesses Often Provide the Least Reliable Evidence, Oct. 15, 2025
More from these topics:
- California Spends $300 Million Each Year Incarcerating Senior Citizens in Women’s Prisons, April 1, 2026. Retaliation for Filing Grievances, Totality of Conditions, Parole, Life without Parole (LWOP), Americans with Disabilities Act.
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Colorado Law Intended to Reduce Prison Population Hasn’t Improved Conditions, March 1, 2026. Overcrowding, Parole, halfway houses, Reduction of Prison Population.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- Maine Was the First State to Abolish Parole. Incarcerated Mainers, Advocates Hope to Bring it Back., March 1, 2026. Rehabilitation/Recidivism, Parole, Post-release, ex-offender, re-entry, Probation, Parole & Supervised Release, De Facto Life Sentence.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.
- Colorado Lawmakers Approve Prison Bed Funding, Despite DOC Understaffing, March 1, 2026. Overcrowding, Staffing, Parole, Overdetention, Reduction of Prison Population.
- Louisiana Prisoner Sustains Claim Against Prison Doctor for Allowing Assignment to “Field Duty” Despite Known Ankle Injury, March 1, 2026. Inability to Work, Skeletal Injury, Summary Judgment, Qualified Immunity, Deliberate Indifference.
- Tenth Circuit Affirmed Denial of Guards Qualified Immunity in Disabled Detainee’s Fourteenth Amendment Claim, March 1, 2026. Failure to Treat, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.

