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Eighth Circuit Upholds Denial of Qualified Immunity to Minnesota Guard Accused of Assaulting Restrained and Compliant Prisoner
Loaded on Nov. 15, 2024
by Matthew Clarke
published in Prison Legal News
November, 2024, page 37
Filed under:
Guard Brutality/Beatings,
Restraints,
Qualified Immunity,
Immunity - Absolute and Qualified.
Location:
Minnesota.
by Matthew T. Clarke
On May 6, 2024, the U.S. Court of Appeals for the Eighth Circuit upheld a district court’s denial of qualified immunity (QI) to a Minnesota Department of Corrections (DOC) prison guard who allegedly repeatedly assaulted a compliant and restrained prisoner.
Corey Fisherman is incarcerated at DOC’s ...
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More from this issue:
- Spit Hoods, Modern Legacy of Torture, by Anthony Accurso
- From the Editor
- NYC Rehires Former Head of Rikers Island Lockup Where Guard Assault Left Detainee Quadriplegic
- “Like Being Back in Jail”: Wisconsin Returns Released Sex Offenders to Lifetime GPS Monitoring
- Alabama Guard, Prisoners Among 13 Sentenced in Phone Scam and Drug-Smuggling Ring
- Identities Stolen From Virginia Jail Detainees For $341,205 COVID-19 Fraud
- Facing Bankruptcy, Securus Promotes Prison Tablets
- Fired Missouri Guards Charged with Murder in Prisoner’s Suffocation Death
- California Resentences 15 Condemned Prisoners to Life Without Parole
- Former Virginia Prisoners Win Back Denied Sentence Credits, Sue Over Delayed Release
- California Prisons Ban High-Tech Lie Detector
- Eighth Circuit Asked to Block New FCC Rules Capping Prison Phone Rates and Eliminating Ancillary Fees and Kickbacks
- Florida DOC Failed to Investigate Background of Guard Convicted in Mass Shooting
- $4.77 Million Settlement for Three Alaska Prisoners Exonerated of Murder After 18 Years, by David Reutter
- Kentucky Prisoners Take Advantage of Securus Software Glitch for $1 Million
- Alabama Jail Accused of Granting Detainee’s Medical Bond Just Before Death to Avoid Costly Medical Care, by David Reutter
- $28.75 Million Settlement Paid by New York City in Suit Alleging Rikers Guards Stood by and Watched Detainee Hang Himself, by Douglas Ankney
- Fifth Circuit Revives Texas Prisoner’s Suit Alleging Interference With His Muslim Religious Practice, by David Reutter
- Two More West Virginia Jailers Plead Guilty in Detainee’s Homicide
- Colorado Becomes First State to Require Polling Stations in Jails
- Ninth Circuit: No Qualified Immunity for California Jail Nurse Who Cleared Detainee for Release Just Before His Suicide, by Douglas Ankney
- San Bernardino Jail Partially Released from Court Monitoring After Paying Another $150,000 in Settlements for Detainee Deaths
- Building Carcerality, by Lisa Haber-Thomson, Dana McKinney White
- Corizon Health Bankruptcy Settlement Grows, But Only by $21 Million
- California Throws Prisoners Under the Bus to Adopt New Heat Rules
- PPI Releases 10th Anniversary Report on Mass Incarceration in the U.S.
- Florida Prisoners Exposed to Cancer-Causing Chemicals
- Two Hurricanes in Two Weeks Threaten Prisoners and Jail Detainees in Six States
- Public Defender Files Habeas Petitions for Detainees at “Horrific” Baltimore Lockup
- $23,138 Plus Out-Of-State Transfer for Virginia Prisoner Who Accused Guards of Excessive Force and Altering Video
- Another South Carolina Prisoner Convicted of “Sextortion” of U.S. Military Personnel
- Wellpath Sanctioned for Destroying Evidence in Two Oregon Jail Death Suits, by David Reutter
- Eighth Circuit Upholds Denial of Qualified Immunity to Minnesota Guard Accused of Assaulting Restrained and Compliant Prisoner, by Matthew Clarke
- In Oregon Case, Ninth Circuit Limits Pretrial Detention Without Counsel to Seven Days
- Two Former Georgia Sheriffs Sentenced for Misconduct, Related $5 Million Settlement Approved, by David Reutter
- Washington Appellate Court Reverses Parole Revocation Based on Hearsay
- BOP Ends “Blast” Messages on TRULINCS
- Illinois Prisoners Stage Hunger Strikes Over DOC Failure to Implement New Sentence Reduction Law
- Another Payout Brings Arizona Prisoner’s Total to $92,850
- Maryland and Wexford Health Pay $200,000 to Prisoner Denied Care and Partially Blinded, by Douglas Ankney
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- Milwaukee County Pays $1.05 Million Judgment for Bankrupt Armor Correctional Health to Former Jail Detainee
- $1.2 Million Settlement Reached in HRDC Censorship Suit Against North Carolina Prison System
- California Changes Prisoner Property Policy After Suit Filed Alleging Gender Discrimination Against Men, by Douglas Ankney
- Fifth Circuit Reinstates Former Federal Prisoner’s Suit Over Assault By Guards at Louisiana Lockup, by Matthew Clarke
- $1.5 Million Settlement Approved in Chicago Jail Suicide Case
- $500 Jury Verdict for Pennsylvania Prisoner After Federal Court Clarifies DOC Grievance Procedures
- California Pays $4.45 Million to Prisoners Allegedly Raped by Guards, by Anthony Accurso
- Third Circuit Affirms Qualified Immunity for Pennsylvania Guards Who Pepper-Sprayed Asthmatic Prisoner
- News in Brief
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:
- Houston Police Fire Former Jail Guard Filmed Brutalizing Detainees, Charges Against Three Other Guards Dropped, March 1, 2025. Videotaping, Guard Brutality/Beatings, Relevant Conduct.
- Mayhem, Murder and Staff Misconduct at Brooklyn BOP Lockup, March 1, 2025. Cell Searches, Drug Testing, Prison/Jail Murders, Guard Brutality/Beatings, Cell Phone Access, Searches - Cellphones/Computers/Internet.
- $1.5 Million Settlement For In-Custody Injury by New York Police, March 1, 2025. Guard Brutality/Beatings, Settlements, Police/Govt Misconduct, Prison Brutality.
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025. Videotaping, Guard Brutality/Beatings, Restraints, Summary Judgment, Physical Injury/Restraint.
- Charges Dismissed Against Connecticut Guards Who Assaulted Prisoner, Feb. 15, 2025. Escapes, Guard Brutality/Beatings, Dismissal, Social Media, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025. Guard Misconduct, Prison Gangs, Failure to Protect (General), Guard Brutality/Beatings, Settlements.
- Former South Carolina Jailer Spared Prison After Testimony Fails to Convict Former Sheriff, Feb. 15, 2025. Guard Brutality/Beatings, U.S. Sentencing Guidelines, Sentences - Adjustments and Departures, Offense of Conviction.
- Historic $7 Million Settlement in Lawsuit Over Michigan Jail Prisoner’s Fatal Beating, Feb. 15, 2025. Guard Brutality/Beatings, Settlements.
- Lawsuit Over Death or Severe Injury of 29 Houston Jail Detainees Survives Motion to Dismiss, Jan. 15, 2025. Guard Brutality/Beatings, Wrongful Death, Excessive Force (Police).
- Pennsylvania Jail Guards Accused of Ripping Surgical Pin from Detainee’s Shoulder, Jan. 15, 2025. Malpractice, Guard Brutality/Beatings.