Unlike that Robert Downey, this Robert Downey was an inmate in state prison and suffered from severe glaucoma. In Downey v. Penn. Dept. of Corr., the 3rd Circuit held that this Downey did not fail to exhaust his administrative remedies in this Section 1983 prison litigation case because he faced an emergency and an urgent … Read more
After a tragic instance where an off-duty officer murder his wife with his service weapon, the victim’s children filed a Section 1983 suit against members of the county prosecutors office for failing to take the weapon away from the killer when they knew he was dangerous. In Gramiccioni v. Dept. of Law and Public Safety, … Read more
Justice Albin delivered a ruling on a hot-button issue: qualified immunity. A Camden detective chased an armed suspect. When the chase ended, the detective and the suspect gave conflicting accounts on how it ended. The suspect claimed he faced the detective, hands over his head in a show of surrender. The detective said the suspect … Read more
#QualifiedImmunity #ClearlyEstablished #1983 4/21/2020 — The defendant appealed the trial court’s denial of his motion for summary judgment. This 1983 suit was brought as a result of a state trooper shooting and killing an armed suspect. Prior to engaging with the suspect, the trooper knew he was armed, had just violated a restraining order, and … Read more
#1983 #Immunity 04/20/2020- Fogle spent more than three decades in prison for a crime he says he did not commit. Now free, he sued the Indiana County District Attorney, the Indiana County Assistant District Attorney, and Indiana County. The Prosecutors filed a motion to dismiss based on absolute immunity. The District Court denied the motion. … Read more