A prisoner held in administrative segregation claimed that officials gave only "perfunctory" review, if any at all, as to whether prisoner behavior had improved. Such improvement was supposed to be the basis for promotion to a less restrictive level in the six-level administrative segregation system. The appeals court stated that it believed that "if a prison system wishes to encourage better behavior by implementing a stratified incentive program that involves an atypical and significant hardship, it must provide meaningful individualized review to prisoners to help them progress through the program." The defendants were entitled to qualified immunity from liability, however, since, at the time of the controversy, it was not clearly established that the review process should apply through all the program's levels or that the perfunctory reviews given at the first three levels or lack of any review at all on levels 4-6 would not be considered meaningful. Toevs v. Reid, #10–1535, 2012 U.S. App. Lexis 7994 (10th Cir.).
   A prisoner was sentenced as a habitual offender on his conviction for lewd and indecent acts on the basis of a prior rape conviction. The sentence was for "perpetual imprisonment for treatment until his rehabilitation, to last a minimum of twelve years." But he was not released until 27 years in custody, 15 years later than when he was eligible for release.  He claimed that prison officials were liable for keeping him in custody beyond his lawful term of imprisonment, and that he ceased needing additional therapy treatment long before he was released. The defendants were entitled to qualified immunity because the prisoner failed to show that any of them individually were linked to specific acts that prevented him from being released earlier. Feliciano-Hernandez v. Pereira-Castillo, #11–1052, 663 F.3d 527 (1st Cir. 2011).
     A prisoner was held longer than he should have been, and argued that, had prison officials checked court records, they would have noticed that he was ordered to serve concurrent rather than consecutive sentences, and released him sooner. The defendants were entitled to qualified immunity, since there was no clearly established case law imposing a duty on them to review a prisoner's original court records "beyond those in his institutional file." Alston v. Read, #10-15332, 2011 U.S. App. Lexis 24741 (9th Cir.).
     A former prisoner in an Ohio facility claimed that a correctional officer had sexually assaulted her on two consecutive nights, and sued two superintending prison officers, a case manager on her living unit, and a prison investigator. She claimed that the case manager failed to take any action to prevent the second assault after she reported the first one, and that the investigator retaliated against her for her accusations by placing her, shackled and handcuffed, in solitary confinement in a cell without adequate heat, clothing, bedding, or blankets. The trial court denied the defendants summary judgment on the basis of qualified immunity, finding that there were disputed material issues of fact, and the defendants did not appeal that ruling. After a full trial, a jury awarded the plaintiff $350,000 in compensatory and punitive damages against the case manager and $275,000 against the investigator. The defendants did not then file a motion seeking judgment as a matter of law after the verdict, nor did they seek a new trial. Instead, they argued, on appeal, that the trial court should have granted their motion for summary judgment on the basis of qualified immunity. A federal appeals court agreed, and reversed the jury's verdict. The U.S. Supreme Court disagreed, reversing the appeals court, and holding that a party may not appeal a denial of summary judgment after a district court has conducted a full trial on the merits. There was no "purely legal" issue of qualified immunity preserved for appeal, as the dispute was not over what the pre-existing law was, but instead what the facts were--such as whether the case manager was adequately informed, after the first attack, of the assailant's identity. The defendants could not argue, on appeal, that the plaintiff had not proven her case, as they failed to raise an issue of the sufficiency of the evidence by a post-judgment motion for judgment as a matter of law. Ortiz v. Jordan, #09–737, 2011 U.S. Lexis 915.
     The Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. Sec. 2000cc et seq. became "clearly established law" when it was signed into law, so that prison officials were required to follow the law, and were not entitled to qualified immunity for allegedly confiscating several religious publications received by the plaintiff prisoner prior to when the U.S. Supreme Court issued a decision in 2005 definitively declaring that the RLUIPA was constitutional. The confiscations took place in May and June of 2003, and in November of 2003, a panel of the U.S. Court of Appeals ruled that the RLUIPA was unconstitutional, a ruling later rejected by the Supreme Court. The court noted that the Sixth Circuit decision occurred after the alleged actions, and therefore could not be used by the prison officials to obtain qualified immunity at a time when the statute was "presumptively constitutional." Figel v. Overton, No. 06-2199, 2008 U.S. App. Lexis 3311 (6th Cir.).
     Because Maine statutes clearly made a prison a state facility, a federal civil rights claim against a corrections superintendent in his official capacity was a claim against the state, and was barred by Eleventh Amendment immunity. Under a state statute, however, the prisoner could pursue an individual capacity claim for the superintendent's alleged deliberate indifference to his health and safety on the basis of an attack by a fellow inmate. Nilson-Borrill v. Burnheimer, Civil No. 07-98-P-H, 2007 U.S. Dist. Lexis 65025 (D. Maine).
     While the U.S. Court of Appeals for the Ninth Circuit in 2004 ruled that prison policies prohibiting all prisoner access to mail containing materials downloaded from the internet was unconstitutional in Clement v. California Department of Corrections, #03-15006, 364 F.3d 1148 (9th Cir. 2004), there was no clearly established law on the subject in 2001, when this plaintiff prisoner's mail containing such materials was returned, so that the prison warden was entitled to qualified immunity. Butler v. Yarborough, No. 03-5420, 2007 U.S. Dist. Lexis 56667 (E.D. Cal.).
      In inmates' lawsuit claiming that, while being transported, they were subjected for 10 to 15 hours in restraints so tight that many of them were injured and were denied access to water, defendant officers were entitled to qualified immunity, because the law on the use of severely tight restrains and denial of water for an extended period being constitutional violations was not "clearly established" until two years after the incident in question, in the U.S. Supreme Court case of Hope v. Pelzer, #01-309, 536 U.S. 730 (2002). Anderson-Bey v. District of Columbia, No. 00-2000, 2006 U.S. Dist. Lexis 88891 (D.D.C.). [N/R]
     In a prisoner's lawsuit claiming that prison officials violated his First Amendment rights by refusing to allow him to organize an atheist study group, federal trial court finds that defendant officials were entitled to qualified immunity from liability for damages since it was not clearly established at the time of the denial, 2002, that atheism was a "religion," and the prisoner did not tell the defendants that he was a member of any non-theistic belief system, such as secular humanism, which had previously been held to be protected by the First Amendment's free exercise of religion clause. Kaufman v. McCaughtry, No. 03-C-027, 422 F. Supp. 2d 1016 (W.D. Wis. 2006). [N/R]
     County sheriff was entitled to qualified immunity from personal liability for failing to prevent pretrial detainee suicides at the jail, given that there was no evidence indicating that he was personally aware that detainees previously had considered suicide, and there was also no evidence that he personally directed any actions concerning the detainees during their detention. Mann v. Lopez, No. Civ.A. SA05CA0527, 404 F. Supp. 2d 932 (W.D. Tex. 2005). [N/R]
     Federal appeals court overturns ruling that defendant prison officials waived their defense of qualified immunity to plaintiff prisoner's claim under federal statute concerning religious freedom by failing to raise it in their answer to his complaint. The defense was sufficiently raised in their motion for summary judgment, despite the failure to specifically mention the statute in relationship to qualified immunity. Ahmad v. Furlong, No. 04-1450 2006 U.S. App. Lexis 1098 (10th Cir.). [2006 JB Mar]
     Correctional officers were not entitled to qualified immunity on claim that they continued to use force against detainee after they had subdued him, resulting in his death from positional asphyxia. They were also not entitled to qualified immunity on the claim that they waited fourteen minutes after he became unconscious and stopped breathing, to summon medical assistance. Bozeman v. Orum, No. 04-11073, 422 F.3d 1265 (11th Cir. 2005). [2006 JB Feb]
     Federal trial court abused its discretion in denying defendant prison officials' motion for summary judgment on the basis of qualified immunity as untimely in prisoner's lawsuit claiming that they were deliberately indifferent to threats of physical violence against prisoners. This motion, filed within three weeks of the court's motion ruling on a motion to dismiss, and one week before trial, was not clearly untimely because no local rule or court order clearly provided the officials with a specific deadline for filing the motion, and the officials therefore did not have adequate notice that their motion would be untimely if filed when it was. Further proceedings ordered on defendant officials' motion. Moore v. Cockrell, No. 04-40474, 144 Fed. Appx. 397 (5th Cir. 2005). [N/R]
     Prison mail room supervisor was not entitled to qualified immunity when there were disputed issues of fact as to whether she intentionally did not send the prisoner's legal mail to a court, resulting in the denial of his request that the court appoint him a lawyer in his post-conviction proceeding. This conduct, if true, would violate the prisoner's clearly established right of access to the courts. Geitz v. Overall, No. 04-3999, 137 Fed. Appx. 927 (8th Cir. 2005). [N/R]
     California health care manager was not entitled to qualified immunity in lawsuit by prisoner with Hepatitis C claiming that a one year delay in providing a liver biopsy after it was approved constituted deliberate indifference to his serious medical needs. If the facts were as the prisoner claimed, this action would violate clearly established law. Tatum v. Winslow, #04-15557, 122 Fed. Appx. 309 (9th Cir. 2005). [2005 JB Sep]
     Ohio state prison regulations limiting inmates' visits to the law library, but not their access to library materials, while they were placed on cell isolation were justified by legitimate penological interests in punishing prisoners who violate institutional rules. Federal appeals court finds, therefore, that even if these regulations did, in fact, result in actual injury to a prisoner's pending case attempting to pursue a collateral appeal of his sentence, this was inadequate to show an unconstitutional denial of access to the courts. Further, even if the denial of access was a clearly established violation of the prisoner's right of access to the courts, the prison librarian and library administrator did not know of his deadline for filing a state court motion for reconsideration of his challenge to his sentence, and were therefore entitled to qualified immunity, since "no reasonable jury could find that the defendants knew or should have known their conduct violated, or even arguably violated" the prisoner's constitutional rights. Colvin v. Schaublin, No. 03-4368, 113 Fed. Appx. 655 (6th Cir. 2004). [N/R]
     Deputy who allegedly failed to go investigate after prisoner pushed an "emergency" button in his cell was not entitled to qualified immunity in prisoner's lawsuit claiming that this inaction allowed his cellmate, then holding a razor to his neck, to proceed with a physical assault and anal rape. Velez v. Johnson, No. 04-1943, 2005 U.S. App. Lexis 588 (7th Cir.). [2005 JB Mar]
     It was clearly established law that deliberately holding a prisoner in custody beyond a statutorily prescribed mandatory release date violated the prisoner's constitutional rights, so that Wisconsin Department of Corrections employees accused of keeping a prisoner incarcerated for 377 days beyond that date were not entitled to qualified immunity. Allen v. Guerrero, No. 03-1356, 688 N.W.2d 673 (Wis. App. 2004). [N/R]
    Prisoner's complaint adequately alleged deliberate indifference to his condition of Hepatitis C in asserting that he was denied treatment because of a possibility that he might be paroled in less than 12 months, which did not come to pass. Defendants failed to meet their burden, in a motion to dismiss for failure to state a claim, asserting qualified immunity, that there was no way that the prisoner could prove his case. McKenna v. Wright, No. 04-0492, 386 F.3d 432 (2nd Cir. 2004). [2005 JB Jan]
     Correctional officer was entitled to qualified immunity from liability in a lawsuit against him for failing to intervene, and instead running to get help, when a prisoner he was escorting back to his cell was stabbed to death by another prisoner. There was no clearly established constitutional right to have the officer immediately intervene rather than summoning assistance. Rios v. Scott, No. 03-41088, 100 Fed. Appx. 270 (5th Cir. 2004). [N/R]
     Five correctional employees allegedly responsible for continued incarceration of prisoner for 57 days after a court ordered him released were not entitled to qualified immunity from his federal civil rights lawsuit. A sixth employee, whose sole involvement was failing to investigate further when the prisoner returned from court without a required form, was granted qualified immunity by appeals court. Davis v. Hall, #02-3923 2004 U.S. App. Lexis 14385 (8th Cir.). [2004 JB Sep]
     Prison guard was not entitled to qualified immunity on the claim that he filed a false misconduct ticket against a prisoner in retaliation for his "jailhouse lawyering" activity. Law prohibiting such retaliation for exercise of First Amendment rights was clearly established. Scott v. Churchill, No. 03-2427, 2004 U.S. App. Lexis 15269 (6th Cir.). [2004 JB Sep]
     Trial court properly denied correctional employees qualified immunity on prisoner's due process claims that he was not provided with proper notice of the charges and the evidence relied on in connection with his prison disciplinary hearing, but should have granted them qualified immunity on prisoner's claim that evidence presented was insufficient to support a finding of guilt. Sira v. Morton, No. 03-0156, 2004 U.S. App. Lexis 15897 (2d Cir.). [2004 JB Sep]
     Prison official was entitled to qualified immunity against prisoner's claim that he used excessive force against him when handcuffing him, resulting in a lacerated wrist and injured thumb. The prisoner admitted that he violated facility cuffing procedures by withdrawing his uncuffed hand and disobeying the officer's orders, and defendant reasonably believed that the plaintiff prisoner was trying to pull the cuffs into his cell in order to possibly use them as a weapon. Avery v. Anderson, No. 03-4213, 94 Fed. Appx. 735 (10th Cir. 2004). [N/R]
     Correctional officers were entitled to qualified immunity for failing to protect prisoner from an attack by his cellmate when there was no evidence that anyone, including the plaintiff himself, believed that he was in danger from the cellmate until the attack actually occurred. Berry v. Sherman, No. 03-2828, 2004 U.S. App. Lexis 7927 (8th Cir. 2004). [2004 JB Jun]
     Jailer who decided to finish feeding other inmates rather than immediately checking on pretrial detainee he observed lying nude and apparently sleeping in a "peculiar" position was entitled to qualified immunity from liability for prisoner's successful suicide. The detainee's use of his jail jumpsuit to strangle himself was not foreseeable and the cell was padded, lacking fixtures that could be used by a prisoner seeking to hang himself. Gray v. Tunica County, Mississippi, 279 F. Supp. 2d 789 (N.D. Miss. 2003). [N/R]
     It is clearly established, for purposes of qualified immunity, that a prison could violate the Eighth Amendment by deliberate indifference to a prisoner's exposure to unreasonable levels of environmental tobacco smoke (second-hand smoke). Genuine issue of fact as to whether a reasonable corrections officer could disagree as to whether officer's alleged smoking in law library violated prisoner's rights barred summary judgment for officer in prisoner's lawsuit. Gill v. Smith, 283 F. Supp. 2d 763 (N.D.N.Y. 2003). [N/R]
     Federal court properly rejected prisoner's federal civil rights claim since the First Amendment rights of inmates to receive commercial bulk mail was not "clearly established" when he was refused receipt of a "Green Lantern" comic book, so that prison officials were entitled to qualified immunity. Court upholds rejection of other magazines with sexual ads or "role-playing content." Further proceedings ordered, however, on state law free speech claims. Bahrampour v. Lamper, #02-3519, 356 F.3d 969 (9th Cir. 2004). [2004 JB May]
     Orthopedic surgeon was not entitled to qualified immunity on prisoner's claim that he deliberately failed to schedule him for needed shoulder surgery for almost two years and also knew that an excessive delay might cause permanent disability. Benjamin v. Schwartz, 299 F. Supp. 2d 196 (S.D.N.Y. 2004). [N/R]
     Even if correctional officer shot and killed the wrong prisoner during violent prison yard fight between two rival gangs, his use of deadly force to break up the disturbance was reasonable and he was entitled to qualified immunity for claims brought by the prisoner's estate. Torres v. Runyon, #02-15273, 80 Fed. Appx. 594 (9th Cir. 2003). [2004 JB Apr]
     Sheriff was entitled to qualified immunity on claims that pre-trial detainee who suffered head injuries was improperly denied medical attention. There was no showing that sheriff inadequately supervised his subordinates, and there was no claim that there were any prior incidents in which jail employees failed to give needed medical care to detainees. Layman v. Alexander, 294 F. Supp. 2d 784 (W.D.N.C. 2003). [N/R]
     Prison officials violated prisoners' rights by requiring them, as a condition of prison employment, to waive any property rights to accrued interest on their inmate trust accounts, and violated prisoners' due process rights by confiscating this interest despite a state statute entitling them to the interest, when no procedure was provided to contest the loss. Officials had qualified immunity from liability for the seizure of interest, however, as prisoners' rights were not clearly established, but not for retaliating against prisoners for refusal to waive the interest. Vance v. Barrett, No. 01-15819, 345 F.3d 1083 (9th Cir. 2003).[2004 JB Feb]
     Federal appeals court rules that the issue of which mail is "legal mail" which should only be opened in the prisoner's presence, after they request this, should not have been submitted to a jury, but rather decided by a judge. Jury award of $13,000 is reduced to $3,000 for the improper opening of three letters from a prisoner's attorney outside his presence. While mail from courts is also found to be "legal mail," prison mail clerks were entitled to qualified immunity for the opening of such letters, since the law on the subject was not previously clearly established. Sallier v. Brooks, No. 01-12269, 343 F.3d 868 (6th Cir. 2003). [2003 JB Dec]
     Equally divided federal appeals court upholds, by 4-4 vote, that Rhode Island prison officials were entitled to qualified immunity for conducting allegedly illegal blanket strip and visual body cavity searches of misdemeanant arrestees without particularized suspicion at a maximum-security prison. Judges disagree as to whether it was clearly established, at the time of the searches in 2000. Savard v. Rhode Island, No. 02-1568, 338 F.3d 23 (1st Cir. 2003). [2003 JB Dec]
     Prison officials were entitled to qualified immunity from liability on claim that they violated detainee's procedural due process rights by denying fingerprint analysis of a shank found in his cell, which he was disciplined for possessing. Prisoner claimed that shank was planted there, but there was no clearly established due process right to have the prison "prepare evidence" for the prisoner under such circumstances. Okocci v. Klein, 270 F. Supp. 2d 603 (E.D. Pa. 2003). [N/R]
     Ohio prisoner had a clearly established right to marry his girlfriend, but it was not clearly established that he had the right to affirmative assistance from correctional officials in obtaining a marriage license. Correctional officials were therefore entitled to qualified immunity from liability for money damages for initially failing to provide such assistance. Couple, who married following settlement of their federal civil rights lawsuit, were not "prevailing parties" entitled to an award of attorneys' fees when they did not obtain a judgment on the merits of their claim or a court-ordered consent decree. Toms v. Taft, No. 01-4035, 338 F.3d 519 (6th Cir. 2003). [2003 JB Nov]
     Prisoner's allegations that his leg infection and urinary tract infection worsened and became more serious as a result of inadequate medical treatment was sufficient to support a claim against prison officials for violation of his Eighth Amendment rights, but trial court acted erroneously by declining to rule on the merits of prison officials' motion for summary judgment on the basis of qualified immunity, particularly when plaintiff did not file an affidavit in opposition or show why he needed further discovery to respond. Wallin v. Norman, #02-1634, 317 F.3d 558 (6th Cir. 2003). [2003 JB Oct]
     Prison officials were entitled to qualified immunity on a claim for damages for postponing a prisoner's marriage to his fiancee for twelve months, since it was not clearly established that a delay of that length was unconstitutional. Lawsuit's claims for injunctive relief were moot, since prior restrictions on the fiancee's visits were lifted and the couple had been allowed to marry. Martin v. Snyder, No. 02-1135, 329 F.3d 919 (7th Cir. 2003). [N/R]
     The proper focus in deciding whether a prisoner was entitled to due process protection before being sentenced to confinement in a special housing unit, a federal appeals court rules, was the number of days in the sentence, not the number of days the prisoner actually wound up serving. Denial of qualified immunity to defendant correctional officials upheld in prisoner's lawsuit over his sentence to ten years in special housing unit. Hanrahan v. Doling, #02-0169, 331 F.3d 93 (2nd Cir. 2003). [2003 JB Sep]
     Even if there was a triable issue of fact as to whether a correctional officer's decision to shoot a prison inmate in the leg during a disturbance which included an assault on another prisoner was malicious, the officer was entitled to qualified immunity since he could have reasonably believed that shooting this prisoner in order to stop the assault was a good faith effort to restore order. Marquez v. Gutierrez, No. 02-15017, 322 F.3d 689 (9th Cir. 2003). [2003 JB Jun]
     Former director of Michigan Department of Corrections was not entitled to qualified immunity from liability for death of diabetic prisoner allegedly resulting from policy mandating only "minimal standards" of health care for prisoners with chronic illnesses and/or requiring prisoner to purchase his own insulin. Young Ex Rel. Estate of Young v. Martin, #02-1036, 51 Fed. Appx. 509 (6th Cir. 2002). [2003 JB Mar.]
     Sheriff's policy of conducting strip searches of all detainees arriving at county jail was "clearly" unconstitutional, and trial court indicates its opinion that reasonable suspicion of possession of contraband or weapons was required to conduct such searches on those suspected of felonies, as well as misdemeanors, but sheriff was entitled to qualified immunity from liability for such a search on detainee arrested for a felony, since it was not clearly established, in 1999, that this was a violation of the detainee's rights. Murcia v. County of Orange, 226 F. Supp. 2d 489 (S.D.N.Y. 2002). [2003 JB Mar.]
     Officer was entitled to qualified immunity for conducting warrantless strip searches of five minors at juvenile home suspected of possession of drugs. Reynolds v. City of Anchorage, 225 F. Supp. 2d 754 (W.D. Ken. 2002). [2003 JB Mar.]
    Complaint by estate of prison employee concerning prison's practice of allowing prisoner with a history of violent crimes using knives to have access to a knife without adequate supervision was sufficient to state a federal civil rights claim for employee's murder by prisoner under "state-created danger" theory. Warden was, however, entitled to qualified immunity because of the absence of "clearly established" law. Waller v. Trippett, No. 01-2716, 49 Fed. Appx. 45 (6th Cir. 2002). [2003 JB Feb.]
     Director of prison's medical services who acted in an administrative role and was not directly responsible for examining or treating the inmate was entitled to qualified immunity for upholding prison doctor's determination that facility did not need to provide prisoner with a continuous positive air pressure machine (CPAP) to treat obstructive sleep apnea. Meloy v. Bachmeier, No. 01-3415, 302 F.3d 845 (8th Cir. 2002). [2003 JB Feb.]
     County jail personnel's actions in strapping a female detainee naked and spread-eagle to a restraining board for three and a half hours and failing to cover her, allowing her to be observed by male officers, violated her constitutional right to privacy, but defendants were entitled to qualified immunity on federal civil rights claim, as the right violated was not "clearly established" at the time. State law award of $2,500 in damages for violation of privacy is upheld. Hill v. McKinley, #01-2574, 311 F.3d 899 (8th Cir. 2002). [2003 JB Feb.]
     County sheriff and jailer were entitled to qualified immunity in civil rights lawsuit brought by inmate who claimed that his serious medical needs were ignored after he suffered a stroke while incarcerated. The plaintiff failed to show that the defendant officials knew about the prisoner's stroke symptoms or his alleged repeated requests for medical help, or that they had any subjective knowledge that the jail policy for responding to medical requests was inadequate in any way. Prison nurse, however, was not entitled to qualified immunity, as a reasonable nurse would have known that a failure to examine an inmate complaining of stroke symptoms was in violation of his constitutional rights. Tate v. Coffee County, Tennessee, No. 01-6304, 48 Fed. Appx. 176 (6th Cir. 2002).[N/R]
     Correctional officers who reported, in good faith, seeing a prisoner indecently expose his genitals in a public area of the prison were entitled to qualified immunity against convicted rapist's federal civil rights lawsuit against them, filed after his disciplinary conviction was overturned on appeal because of damage to the audiotape of the hearing. Sand v. Steele, 218 F. Supp. 2d 788 (E.D. Va. 2002). [2003 JB Jan]
     Law concerning a prisoner's claim that he was retaliated against by prison officials in retaliation for his exercise of his First Amendment rights was not clearly established in the Sixth Circuit prior to that court's decision in Thaddeus-X v. Blatter, 175 F.3d 378 (6th Cir. 1999) (en banc). Defendant prison officials were therefore entitled to qualified immunity. Williams v. Ollis, No. 01-2460, 42 Fed Appx. 694 (6th Cir. 2002). [N/R]
     Prison mail room supervisor was entitled to qualified immunity from prisoner's lawsuit over his failure to send out outgoing legal mail which was sealed in violation of Michigan Department of Corrections policy which required prisoners who needed a postal loan to send out legal mail to submit it unsealed. Supervisor had no reason to believe that this violated clearly established law, and the prisoner failed to show that he was prejudiced in his court case by this action, as required to prove a claim for violation of the First Amendment right of access to the courts. Smith-El v. Steward, #01-5646, 33 Fed. Appx. 714 (6th Cir. 2002). [N/R]
     Prison policy prohibiting prisoners from receiving publications, such as books and magazines, as gifts, violated their First Amendment rights, but federal appeals court rules that the law on this subject was not "clearly established" until it had upheld a similar ruling in another case on appeal, entitling defendant prison officials to qualified immunity from liability. Sorrels v. McKee, #01-35222, 287 F.3d 1213 (9th Cir. 2002). [2002 JB Aug]
     U.S. Supreme Court holds that alleged use of "hitching post" to restrain prisoner outside in hot weather for seven hours without bathroom breaks and with only one or two water breaks, if true, established an Eighth Amendment violation, for which defendant prison officials were not entitled to qualified immunity defense at summary judgment phase of proceedings. Hope v. Pelzer, #01-309, 122 S. Ct. 2508 (2002). [2002 JB Aug]
     Physicians and nurses involved in prisoner's care prior to his death from severe dehydration were not entitled to qualified immunity from liability when there were numerous disputed factual issues about what happened. Mabrey v. Farthing, 280 F.3d 400 (4th Cir. 2002). [2002 JB Jun]
     Conflicting expert witness opinions concerning the treatment a prison physician rendered to an inmate suffering from AIDS and hepatitis C created a material question of fact as to whether the doctor acted with deliberate indifference, so that appeals court did not have jurisdiction to consider doctor's appeal of trial court's denial of qualified immunity when the doctor only sought to challenge the finding that an issue of material fact existed. Moore v. Duffy, No. 00-2222, 255 F.3d 543 (8th Cir. 2001). [N/R]
     Prison officials violated a federal statute protecting veteran's benefits from attachment by creditors by placing a hold on an inmate's trust account which was funded by such benefits, in order to pay for goods and services that prisoner had purchased at a time when the funds were not yet in the account; defendant officials were entitled to qualified immunity from damages because of the lack of prior court decisions on the subject. Nelson v. Heiss, No. 00-55523, 271 F.3d 891 (9th Cir. 2001). [2002 JB Apr]
     It was not clearly established, in June of 1999, that a strip search of an officer at a correctional facility violated the employee's due process rights unless certain conditions, such as reasonable suspicion, were met. Prison officials sued by officer subject to such a search, arguably without reasonable suspicion, were therefore entitled to qualified immunity. Virgili v. Gilbert, No. 00-3371, 272 F.3d 391 (6th Cir. 2001). [N/R]
     299:163 Federal appeals court rules that HIV- positive prisoner had a federal constitutional right to privacy for his medical records and condition, but that prison officials were entitled to qualified immunity for conduct that allegedly disclosed his conditions to others in 1995, since this right was not then clearly established. Doe v. Delie, #99-3019, 257 F.3d 309 (3d Cir. 2001).
     293:75 Officer was protected by qualified immunity from liability for bringing disciplinary proceeding against a Moslem inmate in retaliation for his wearing "kufi" religious headgear, since a reasonable officer could have concluded that contraband could be concealed under the kufi. Nicholas v. Tucker, 2001 U.S. Dist. LEXIS 2323 (S.D.N.Y.).
     293:73 Washington state prison officials were entitled to qualified immunity from money damages for barring receipt of newsletter containing the names of current prison employees out of concern for employees' safety; qualified immunity, however, did not properly bar claims for declaratory and injunctive relief. Prison Legal News v. Washington State Dept. of Corrections, #00-35095, 2001 U.S. App. LEXIS 5165. 292:55 Two prison guards who fired shots into prison yard disturbance, one of which struck plaintiff prisoner in the neck, were entitled to qualified immunity, even if plaintiff was being attacked by other prisoners rather than an attacker; shots were being used to quell a serious disturbance and hitting the wrong prisoner was negligence at most, not violation of civil rights. Jeffers v. Gomez, No. 99- 15867, 240 F.3d 845 (9th Cir. 2001).
     295:109 Prisoners claiming that excessive exposure to second hand tobacco smoke constituted deliberate indifference to their existing medical conditions and disability discrimination have to provide individual proof; correctional officials who took some steps to restrict smoking were entitled to qualified immunity from damages for allegedly exposing prisoners to a risk of future harm. McIntyre v. Robinson, 126 F. Supp. 2d 394 (D. Md. 2000).
     295:105 Correctional officers were entitled to summary judgment on prisoner's claim that they "covered up" an accident in which he was struck by a van driven by a correctional employee, when prisoner failed to present any evidence to oppose evidence they submitted; claims against them in an official capacity were claims against the state, barred by absolute immunity under the Alabama state constitution. Evans v. Cotton, #2981428, 770 So. 2d 620 (Ala. Civ. App. 2000).
     289:4 Prisoners who had allegedly been mistakenly released early from Maryland prisons were properly rearrested as escapees; state officials were entitled to qualified immunity for obtaining escape arrest warrants for former prisoners and having them taken back into custody. Henderson v. Simms, No. 99-1706, 223 F.3d 267 (4th Cir. 2000).
     285:141 Federal appeals court orders further proceedings on whether male and female prisoners are "similarly situated"; male prisoners' complaints that they are subjected to a lower living standard, harsher work assignments, and other unequal treatment compared to female prisoners should not have been dismissed without detailed factual findings. Yates v. Stalder, #99-30744, 217 F.3d 332 (5th Cir. 2000).
     279:38 Keeping prisoners outdoors overnight in cold weather with no blankets or jackets, no heat, and no sanitary arrangements for toilets, etc. while telling them they had to stay within a small space or be shot for attempting to escape constituted cruel and unusual punishment; defendant warden and assistant warden were not entitled to qualified immunity for ordering a "sleep-out" in these conditions. Palmer v. Johnson, No. 98-50595, 193 F.3d 346 (5th Cir. 1999).
     279:41 Prison psychiatrists were not liable for prisoner's suicide by overdosing on prescribed medication he hoarded, despite their purported knowledge of his suicidal thoughts and medicine hoarding at another facility; psychiatrists did not know that "pill line" procedures were insufficient to prevent such hoarding. Williams v. Mehra, No. 97-1118, 186 F.3d 685 (6th Cir. 1999).
     265:6 Correctional officers were not entitled to qualified immunity in lawsuit asserting that they aimed loaded rifle with live ammunition at prisoner without provocation or necessity. Thomas v. Gomez, #97-55702, 143 F.3d 1246 (9th Cir. 1998).
     265:9 Parole board members were absolutely immune from liability in prisoner's lawsuit over their revocation of his parole; parole officer was entitled to qualified immunity; reasonable grounds existed for revocation of parole. Calvin v. Kansas Parole Board, 993 F.Supp. 1366 (D. Kan. 1998).
     265:11 Buddhist prisoner had no clearly established right to receive strict vegetarian diet devoid of all animal and dairy products and byproducts or to be exempt from wearing leather shoes while being transported or in court. Dehart v. Lehman, 9 F.Supp.2d 539 (E.D. Pa. 1998).
     267:40 Parole officers entitled to qualified immunity for failing to disclose to parolee's girlfriend that parolee was HIV-positive; no liability for girlfriend's death after she allegedly contracted AIDS from the parolee, who was released into her home; Iowa's indemnification of officers was no basis for denial of qualified immunity. Greer v. Shoop, #97-1565, 141 F.3d 824 (8th Cir. 1998).
     269:73 Federal appeals court reinstates lawsuit against jailer who allegedly incited two prisoners to attack a third, arrested on child molestation charges, by making statements that the third prisoner was "sick" and "should have his ass beat"; trial court had ruled defendant jailer was entitled to qualified immunity. Martinez v. Mathis, #97- 8363, 159 F.3d 1360 (11th Cir. 1998).
     [N/R] Wardens of city jail were entitled to qualified immunity from pretrial detainee's complaint over lack of exercise space and law library; corrections officer did not violate detainee's clearly established rights by temporarily placing him in disciplinary isolation to quell a disturbance prisoner was causing. Wilson v. Blankenship, #94-7158, 163 F.3d 1284 (11th Cir. 1998).
     260:124 Update: Officers were entitled to qualified immunity in prisoner suicide case where they removed shoes with laces, made sure detainee did not have a belt, and also took steps to ensure that detainee could not harm herself with blanket and instructed that a close watch be placed on her; detainee's right to be free from deliberate indifference to suicide risk was "clearly established," but officers acted objectively reasonably. Hare v. City of Corinth, 135 F.3d 320 (5th Cir. 1998).
     250:148 U.S. Supreme Court rules that qualified immunity defense in federal civil rights lawsuits is not available to correctional officers working for privately run state prisons. Richardson v. McKnight, 117 S.Ct. 2100, 1997 U.S. Lexis 3866 (June 23, 1997).
     250:150 No federal right to immediate appeal of denial of qualified immunity in federal civil rights cases filed in state court. Johnson v. Fankell, 117 S.Ct. 1800, 1997 U.S. Lexis 3547 (June 9, 1997).
     251:163 U.S. Supreme Court grants review of case to determine standards for qualified immunity in case where prisoner claimed correctional official misdelivered his box of legal papers in retaliation for his statements to the press. Crawford- El v. Britton, 93 F.3d 813 (D.C. Cir. 1996), cert. granted, 117 S.Ct. 2451, 1997 U.S. Lexis 3724 (June 16, 1997).
     253:13 Strip search and urinalysis drug testing of over a hundred inmates selected out by prison officials based on their prior involvement with drugs or being cellmates with a prisoner who was selected did not violate any clearly established constitutional right; prison officials entitled to qualified immunity. Thompson v. Souza, 111 F.3d 694 (9th Cir. 1997).
     263:165 Correctional officers were entitled to qualified immunity for detaining former prisoner observed on prison perimeter wearing what looked like prisoner clothing; officers acted reasonably considering concerns about prison security and the possible smuggling of drugs and weapons into the prison facility. Plummer v. Dept. of Corrections, 702 A.2d 535 (N.J. Super. A.D. 1997).
     [N/R] Private doctors and mental health providers were not entitled to qualified immunity from lawsuit based on prisoner's suicide; they were acting as private parties motivated by desire for profit, rather than as governmental agents. McDuffie v. Hopper, 982 F.Supp. 817 (M.D. Ala. 1997).
     [N/R] Prisoners failed to show that defendant prison officials had actual knowledge that failure to provide protective gear to them while working as orderlies presented a substantial risk of harm; defendants were entitled to qualified immunity from liability. Rish v. Johnson, 131 F.3d 1092 (4th Cir. 1997).
     [N/R] Prison officials were entitled to qualified immunity for withholding parole, work release and less restrictive confinement from prisoner who refused to admit to his crime; it was not clearly established that this violated the prisoner's right against self-incrimination. McMorrow v. Little, 109 F.3d 432 (8th Cir. 1997).
     243:37 Prison officials could have reasonably believed that it did not violate the Eighth Amendment to fail to repair a defective oven door; defendant officials were entitled to qualified immunity in suit brought by prisoner burned when door fell off. Osolinski v. Kane, 92 F.3d 934 (9th Cir. 1996).
     244:52 Psychiatrist was entitled to qualified immunity for ordering single dose of anti-psychotic drug to prisoner suffering seizure when it was feared that prisoner would injure himself; no prior case law "clearly established" need to hold a prior hearing in such an emergency situation. Hogan v. Carter, 85 F.3d 1113 (4th Cir. 1996).
     247:100 Prison employee entitled to qualified immunity for denying prisoner loan for postage for outgoing legal mail unless he agreed to allow her to briefly inspect it in his presence to make sure it qualified as legal mail. Bell-Bey v. Williams,87 F.3d 832 (6th Cir. 1996).
     233:77 Transferring a prisoner, in part to give prison staff a respite from his many grievances, did not violate his First Amendment rights; prison officials entitled to qualified immunity in prisoner's civil rights lawsuit over transfer. Ward v. Dyke, 58 F.3d 271 (6th Cir. 1995).
     234:83 U.S. Supreme Court rules that defendants in civil rights lawsuits may raise qualified immunity defense in both motion to dismiss and motion for summary judgment, and may be able to appeal denials both times in same case prior to trial. Behrens v. Pelletier, 116 S.Ct. 834 (1996).
     230:29 Even if refusal to allow arrestee to make a phone call to her father violated a Tennessee state statute, it did not violate her federal constitutional rights; defendant law enforcement officers were entitled to qualified immunity from liability. Harrill v. Blount Co., Tenn., 55 F.3d 1123 (6th Cir. 1995).
     235:108 While prison officials had reasonable suspicion sufficient to justify body cavity search of female visitor, based on informant's statements that a "young" "unrelated female" visitor to inmate was smuggling in drugs, they could not detain the visitor for the search in the absence of probable cause, but instead had to allow her the option of departing and foregoing visit; defendants in visitor's lawsuit were not entitled to qualified immunity in light of factual disputes. Spear v. Sowders, 71 F.3d 626 (6th Cir. 1995).
     237:139 Absolute prohibition on Muslim inmate wearing a beard violated Religious Freedom Restoration Act when inmate sincerely believed his religion required him to do so, even if there was evidence that the Koran did not require this; complete ban on beards was not "least restrictive means" of satisfying security interests, when warden testified that a 1/4" beard would not be a security problem and were already allowed for medical reasons; defendants entitled to qualified immunity from liability, however. Lewis v. Scott, 910 F.Supp. 282 (E.D. Tex. 1995).
     236:123 Prisoner's right to use his legally adopted religious name on outgoing mail together with his committed name was clearly established in 1990, federal appeals court rules, and prison officials were not entitled to qualified immunity for allegedly punishing him for doing so; notary, however, was entitled to qualified immunity for refusing to notarize document when signature presented did not match prison identification shown. Malik v. Brown, 71 F.3d 724 (9th Cir. 1995).
     235:104 Muslim prisoner had a clearly established right not to handle pork in prison kitchen; kitchen supervisors were not entitled to qualified immunity for ordering prisoner to do so and disciplining him when he refused. Hayes v. Long, 72 F.3d 70 (8th Cir. 1995).
     231:43 Two federal courts uphold actions of prison officials in withholding access to literature of "Church of Jesus Christ, Christian," religious arm of the Aryan Nation, a white supremacist group. Van Dyke v. Washington, 896 F.Supp. 183 (C.D. Ill. 1995); George v. Sullivan, 896 F.Supp. 895 (W.D. Wis. 1995).
     232:59 Prison officials entitled to qualified immunity for one-day delay in meeting state imposed deadline for conclusion of prisoner's hearing when they had already transferred him from disciplinary to administrative segregation and prisoner had medical appointments on the day hearing would have otherwise been concluded. Green v. Bauvi, 46 F.3d 189 (2nd Cir. 1995).
     235:103 Correctional officer was entitled to qualified immunity for failing to intervene when one prisoner attacked another in light of the fact that the assailant was armed and that the officer stood alone at the end of a walkway, with over a dozen other prisoners separating him from other officers. Prosser v. Ross, 70 F.3d 1005 (8th Cir. 1995).
     232:54 Prison doctors were entitled to raise qualified immunity defense even if they were employed by private employer who had contracted with state to provide medical services to prisoners; it was not clearly established that alleged repeated acts of medical malpractice constituted deliberate indifference to serious medical needs. Williams v. O'Leary, 55 F.3d 320 (7th Cir. 1995).
     234:88 Federal appeals court rules that prison policy excluding all newspaper clippings from prisoner's incoming correspondence may violate First Amendment; prison officials were entitled, however, to qualified immunity from personal liability, since right to receive such clippings was not "clearly established." Allen v. Coughlin, 64 F.3d 77 (2nd Cir. 1995).
     230:21 Federal appeals court rules that allegedly repeatedly opening prisoner's incoming court mail outside his presence would violate his constitutional rights; defendant prison officials were not entitled to qualified immunity from liability. Bieregu v. Reno, 59 F.3d 1445 (3rd Cir. 1995).
     232:53 Prisoner allegedly injured by stray bird shot when correctional officer intentionally fired shotgun at another inmate can sue firing officer and two other officers who were present, despite officer's lack of specific intent to injure him; correctional officers not entitled to qualified immunity. Robins v. Meecham, 60 F.3d 1436 (9th Cir. 1995).
     229:3 Policy directive on use of chemical agents, such as mace, against resisting prisoners did not create constitutionally protected liberty interest for violation of which Michigan state prisoner could sue correctional officer. McLaurin v. Morton, 48 F.3d 944 (6th Cir. 1995).
     236:116 Update: Federal appeals court finds no clearly established law barring prison officials from revealing an inmate's positive HIV-status to prison employees and other inmates; qualified immunity, however, did not extend to allegations that prison officials "punished" HIV-positive prisoner by preventing him from getting a haircut or exercising in the prison yard. Anderson v. Romero, 72 F.3d 518 (7th Cir. 1995).
     234:83 U.S. Supreme Court rules that defendants in civil rights lawsuits may raise qualified immunity defense in both motion to dismiss and motion for summary judgment, and may be able to appeal denials both times in same case prior to trial. Behrens v. Pelletier, 116 S.Ct. 834 (1996).
     234:85 Inmate's alleged access, during employment in prison work program, of confidential medical records of his daughter and her infant daughter, did not violate any constitutional right of plaintiff, despite fact that he was serving sentence for rape and sexual abuse of his children; defendant correctional officials were entitled to qualified immunity. Jarvis v. Wellman, 52 F.3d 125 (6th Cir. 1995).
     236:117 Prison employees were entitled to qualified immunity for not providing protective coveralls, as required by prison policy, to inmate work crew cleaning up human waste accumulated from clogged sewer line; employees did supply protective eyewear, gloves, and boots, did not themselves find it necessary to wear coveralls, and did not act with "deliberate indifference" in not issuing inmates coveralls. Good v. Olk-Long, 71 F.3d 314 (8th Cir. 1995). [Cross-reference: Work/Education Programs].
     237:133 It was objectively reasonable for prison employees and officials to believe they had the authority to order prisoner to comply with court order that he provide handwriting exemplars and finger prints to aid an investigation of drug trafficking at the prison, and to require him to do so without the opportunity to first consult an attorney. Lazoda v. Maggy, 900 F.Supp. 596 (N.D.N.Y. 1995).
     [N/R] Defendant did not need to admit the plaintiff prisoner's factual claims in order to assert qualified immunity defense asserting that, even if claims were true, no clearly established right would have been violated; trial court properly denied qualified immunity, however, since alleged failure to remove unconscious prisoner from cell after fumes overcame him would have constituted deliberate indifference to serious medical need. Kelley v. Borg, 60 F.3d 664 (9th Cir. 1995).
     [N/R] Defendant prison officials entitled to qualified immunity on claim they transferred inmate in retaliation for exercise of his First Amendment rights. Schroeder v. McDonald, 55 F.3d 454 (9th Cir. 1995).
     [N/R] Trial court didn't abuse its discretion by allowing discovery to continue while deciding whether or not defendant correctional officials were entitled to qualified immunity. Lovelace v. Delo, 47 F.3d 286 (8th Cir. 1995).
     [N/R] Appeals court did not have jurisdiction to rule on issue of qualified immunity defense by prison officials when trial court made no specific ruling on that issue. Washington v. Wilson, 46 F.3d 39 (8th Cir. 1995).
     [N/R] Appeals court had no jurisdiction over appeal of denial of qualified immunity to corrections officer when there were material factual issues outstanding as to whether officer took certain actions which might violate inmate's Eighth Amendment rights. Harding v. Vilmer, 72 F.3d 91 (8th Cir. 1995).
     222:83 Update: U.S. Supreme Court to review case granting qualified immunity to prison officials in suit inmate brought claiming that his First Amendment rights were violated when he was placed in administrative detention after he told the press he had allegedly sold marijuana to a Vice Presidential candidate. Kimberlin v. Quinlan, 6 F.3d 789 (D.C. Cir. 1993), rehearing denied, 17 F.3d 1525 (D.C. Cir. 1994), cert. granted, 115 S.Ct. 929 (1995).
     225:131 Sheriff and sheriff's assistant were entitled to qualified immunity in suit alleging that they were deliberately indifferent to needs of obese disabled prisoner in 1988. Parsons v. Wright, 649 A.2d 1108 (Me. 1994).
     225:131 Prison officials were entitled to qualified immunity in blind prisoner's disability discrimination lawsuit alleging that they denied him equal access to vocational training programs because of his blindness when he neither applied for existing programs nor requested accommodation in them. Lue v. Moore, 43 F.3d 1203 (8th Cir. 1994).
     225:137 N.Y. correctional official who hears administrative appeals of inmate discipline in serious cases was not entitled to absolute "quasi-judicial" immunity, but rather, at most, qualified immunity. Young v. Selsky, 41 F.3d 47 (2nd Cir. 1994).
     226:149 U.S. Supreme Court, resolving major split between U.S. appeals courts, unanimously rules that defendants in federal civil rights cases may not seek immediate appeal of denials of qualified immunity when trial court bases such denial on basis that there is a genuine issue of material fact for trial; immediate appeal in such cases is limited to reviewing whether "clearly established law" violation is alleged, not issues of sufficiency of evidence. Johnson v. Jones, 115 S.Ct. 2151 (1995).
     226:150 Update: U.S. Supreme Court vacates grant of qualified immunity to prison officials in suit brought by inmate challenging his placement in administrative detention after he told the press he sold drugs to Vice Presidential candidate; Court orders reconsideration in light of Johnson v. Jones, reported above. Kimberlin v. Quinlan, 6 F.3d 789 (D.C. Cir. 1993), rehearing denied, 17 F.3d 1525 (D.C. Cir. 1994), cert. granted, 115 S.Ct. 929 (1995), vacated, 115 S.Ct. 2552 (1995).
     227:169 Correctional officers were not entitled to qualified immunity on claim that they kept prisoner in cell deprived of clothing for twenty-two hours, before and after they allegedly used excessive force against him; deprivation of clothing was part of "continuous course of conduct," and jury issue was whether officers' acted for reasonable security reasons or "maliciously and sadistically for the very purpose of causing harm." Wilkins v. Moore, 40 F.3d 954 (8th Cir. 1994).
     Prison officials were entitled to qualified immunity on prisoner's suit claiming that his segregation with other HIV- positive prisoners violated his constitutional right of freedom of association with prisoners in the general prison population. Camarillo v. McCarthy, 998 F.2d 638 (9th Cir. 1993).
     Jail physician had qualified immunity from suit because pre-trial detainee's right to refuse anti-psychotic medication was not clearly established in 1989. Leeks v. Cunningham, 997 F.2d 1330 (11th Cir. 1993).
     Factual issues as to whether correctional officer used force in good faith effort to maintain order or sadistically to cause harm precluded summary judgment for defendant officer on basis of qualfied immunity. Hill v. Shelander, 992 F.2d 714 (7th Cir. 1993).
     Prisoner awarded $276 in damages for prison officials' failure to return him to less restrictive status after a state court ordered them to do so; officials were not entitled to qualified immunity for failure to obey court order, even if they thought that it was wrong and appealable, when order had not been stayed; advice of lawyer not to comply with order did not alter result. Walters v. Grossheim, 990 F.2d 381 (8th Cir. 1993).